Defence Medical Examinations - Insurer wants me to attend an medical examination, what do I do?
In many cases, as a party to a court case wherein you are seeking damages for injuries you sustained in an accident, the defence counsel may ask you (on behalf of the insurance company) to be examined by a health care provider of his choice. This is called a defence medical examination, sometimes called “independent medical examination”. However, to be clear, there is nothing independent about the process.
The physician who will be examining you is not your doctor, will likely prepare a report favorable to the insurance company and will be called as an expert medical witness at the trial of the case. That doctor will be paid by the insurance company.
Any health care provider who is hired by the defence is not being hired to provide you with treatment or to assist you medically, but rather as a means by the defence to destroy your case. That doctor may try very hard to obtain information from you that is prejudicial to your case.
There are ways to protect your interests when asked to attend a defence medial examination. However, the Courts have placed very strict limits on refusing to attend such examinations. There are some instances where you may be allowed to examine the examinations to ensure that there is an accurate account of what transpired during the examination. The Courts rarely allow recording however.
The defence has the right to subject you to defence medical examinations. You should therefore be ready for the defence medical examination and consult a personal injury lawyer to control the process as much as is legally possible.
At Quinn Thiele Mineault Grodzki, Ottawa Injury Lawyers, we would be pleased to represent your interests in the event you are injured in an incident through the fault of someone else. We are very familiar with all aspects of a personal injury case and have experience dealing with defence tactics, including the use of a medical examination. If you or someone you care about has been injured in an accident, contact us for a free consultation. We take cases on a No Fee Until You Settle basis. Call us at 613-315-4878. Marc Quinn, Ottawa Accident and Injury Lawyer. www.pqtlaw.com.
Tuesday, September 27, 2011
Sunday, September 18, 2011
Ottawa Accident and Injury Lawyer - Examination for Discovery. What is it?
Ottawa Injury and Accident Lawyers - EXAMINATION FOR DISCOVERY
In Ontario, all parties adverse in interest in any law suit (called an action) has the right to examine the other parties in what is called examination for discovery.
The process starts with the parties exchanging affidavit of documents which lists all documents they have that are relevant to the issues in the action. Then, the parties exchange the documents. Then, the parties exchange notices of examination which sets the date, time and location of the examination. At the examination, which is usually completed at an official examiner's office ( held in a boardroom ), each party is given the opportunity to ask questions of the opposing parties. The person being examined gives their evidence ( testimony ) under oath, which is recorded by the official examiner, which can then bow transcribed for the
The questions asked must answered if they are relevant to any issue in the case. Many of the evidentiary objections available at trial are not available on discovery. Your lawyer attends the examination with you and can object to any improper questions.
Essentially, the examination process allows the parties to obtain all relevant information early in the process so that there are no surprises at trial. The examination process provides the parties and their lawyers to assess credibility, gain admissions, clarify factual and legal issues and assess the strengths and weaknesses of the case and defences.
Your lawyer will usually meet with you in advance if examination in order to prepare for the process and provide you with points such as, always tell the truth, read all your documents and those of the opposing parties prior to examination, be courteous, stay calm, answer the questions asked only, speak clearly and slowly, etc..
Often, an experienced personal injury lawyer can make the difference between a successful or devastating examination for discovery. At Quinn Thiele Mineault Grodzki, Ottawa Injury Lawyers, we have experienced accident and injury lawyers who can guide you through every step of a personal injury case. Call us for a free consultation and assessment of your case. Marc Quinn, Ottawa injury lawyer and mediator. 613-315-4878. Visit me at www.ottawapersonalinjurylawyernetwork.com.
In Ontario, all parties adverse in interest in any law suit (called an action) has the right to examine the other parties in what is called examination for discovery.
The process starts with the parties exchanging affidavit of documents which lists all documents they have that are relevant to the issues in the action. Then, the parties exchange the documents. Then, the parties exchange notices of examination which sets the date, time and location of the examination. At the examination, which is usually completed at an official examiner's office ( held in a boardroom ), each party is given the opportunity to ask questions of the opposing parties. The person being examined gives their evidence ( testimony ) under oath, which is recorded by the official examiner, which can then bow transcribed for the
The questions asked must answered if they are relevant to any issue in the case. Many of the evidentiary objections available at trial are not available on discovery. Your lawyer attends the examination with you and can object to any improper questions.
Essentially, the examination process allows the parties to obtain all relevant information early in the process so that there are no surprises at trial. The examination process provides the parties and their lawyers to assess credibility, gain admissions, clarify factual and legal issues and assess the strengths and weaknesses of the case and defences.
Your lawyer will usually meet with you in advance if examination in order to prepare for the process and provide you with points such as, always tell the truth, read all your documents and those of the opposing parties prior to examination, be courteous, stay calm, answer the questions asked only, speak clearly and slowly, etc..
Often, an experienced personal injury lawyer can make the difference between a successful or devastating examination for discovery. At Quinn Thiele Mineault Grodzki, Ottawa Injury Lawyers, we have experienced accident and injury lawyers who can guide you through every step of a personal injury case. Call us for a free consultation and assessment of your case. Marc Quinn, Ottawa injury lawyer and mediator. 613-315-4878. Visit me at www.ottawapersonalinjurylawyernetwork.com.
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