In Connecticut, it is common for insurance companies to request independent medical examinations. They do this to challenge the victim’s claim. A Connecticut personal injury lawyer can help you fight the insurance company and get you the compensation you deserve. In Connecticut, an independent medical examination functions as follows:
Request
Independent medical examinations can be requested by your personal injury lawyer, insurance company, or employer involved in a personal injury case. The party asking for the independent medical examination selects a qualified healthcare worker to do the examination. Connecticut insurance companies usually request an independent medical evaluation and expert opinions on the disputed medical issue. Your attorney would request it to support legal claims and strengthen the case for a favorable legal outcome. On the other hand, your employer might need the examination to support their decision-making process about the claim.
Appointment
Once the healthcare provider is selected, an appointment will be scheduled for the independent medical examination. The injured party is notified of the location, date, and time for the examination in advance. Prior notification creates transparency, helps prepare, manages expectations, and ensures compliance. Overall, prior notification contributes to a collaborative relationship.
Examination
The healthcare provider comprehensively evaluates your medical history, injuries, and conditions during your appointment. They will analyze your medical records, conduct diagnostic tests, and do a physical and detailed assessment of functional impairment. An extensive independent medical examination will accurately diagnose your medical condition and give a predictive diagnosis. These two are critical to a fair resolution of legal claims.
Objective Assessment
The healthcare personnel conducting the examination will then assess your injuries and medical condition. This is because they want to counter-check the accuracy of the symptoms reported, thoroughly check on causation, and extensively evaluate the extent of impairments. The medic’s report is also treated as an expert’s opinion on your medical needs and prognosis.
A medical report also identifies severe medical conditions that might need extensive medical attention over a long period. An objective assessment is also an ethical and legal obligation in personal injury cases.
Documentation
Following the medical examination, the healthcare provider will prepare a detailed report stating their findings, clinical observations, diagnostic test results, and expert opinion on the examination. The independent medical examination is then submitted to the party requesting it. The party might then use it as evidence in legal proceedings, insurance claim processing, or any dispute resolution process.
Legal Proceeding
An independent medical report can be used by both parties to support their positions. Plaintiffs can use it as evidence to show the extent of the personal injury. The defender might use it as a challenge to the severity of the injury of the claim. They can also use it to assess the need for ongoing treatment to defend against liability.
Acceptability
This is accepting the findings, and medical reports are eligible. For any independent medical report to be termed acceptable, it should meet specific standards:
● The healthcare provider should qualify
● The medical examination should be relevant to the legal proceeding
● The methods used in doing the examination must be reliable
● The examination should be free from bias
● The report must have accurate findings
● The medical examination must comply with legal requirements
Conclusion
An independent medical examination plays a significant role in giving valuable insights into legal proceedings. The examinations carried out by healthcare providers help seek justice, verify claims, evaluate treatment, and determine the extent of impairment from the injury. It’s also important to recognize that they might be challenged. Independent medical examinations remain a great tool for seeking justice.
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