What to Do Before and After the Defense Medical Exam

• Author: Dorothy Clay Sims
• Pages: 146-172

Exposing Deceptive

Defense Doctors

Dorothy Clay Sims

DISCOVERY COLLECTION

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2-1

Chapter 2

What to Do Before and After the Defense

Medical Exam

I. BEFORE THE DEFENSE MEDICAL EXAM

A. In Relation to Your Client

§2:01 Understand and Control Your Client

§2:02 Talk to Your Client About the Exam

§2:03 Talk to Client’s Friends, Family

§2:04 Instruct Your Client to Keep a Diary

§2:05 Client Questionnaire

§2:06 Schedule Same-Day Appointment With Treater

§2:07 Hire Professional Photographer

§2:08 Remind Client of Appointment

§2:09 Advise Client of His Rights

[§2:10 Reserved]

B. In Relation to the Exam

§2:11 Consider Sending Videographer and/or Court Reporter

§2:12 Arrange to Document Time of Exam

§2:13 Demand to Know What Medical Doctor Plans to Do

§2:14 Obtain Agreement Re Access to Experts’ Files

§2:15 Limit Parameters of Exam

[§§2:16-2:19 Reserved]

C. In Relation to the Doctor(s)

§2:20 Verify Doctor’s Credentials

§2:20.1 Think Like Sherlock Holmes

§2:20.2 Make Sure the Carrier Knows

§2:21 Document Your Own Expert’s Opinion

§2:22 Obtain Stipulation Re: Preservation of Evidence

[§§2:23-2:24 Reserved]

II. AFTER THE DEFENSE MEDICAL EXAM

A. Depose Medical Records Custodian

§2:25 Subpoena Everything

§2:26 Review Records With Your Client and Your Expert

[§2:27 Reserved]

B. Obtain Psychological Test Data

§2:28 What Is “Raw Data”?

§2:29 Why Do You Need Raw Data?

§2:30 Why Does Your Expert Need Raw Data?

§2:31 How to Obtain the Raw Data

C. Did DME Follow Practice Guidelines?

§2:32 What Are Practice Guidelines?

§2:33 Example: DME by Psychologist

[§§2:34-2:39 Reserved]