Legal Question in Personal Injury in New York

Re: independent medical exam

The logic is so that the doctor doesn't try to do anything legally inappropriate. Most law firms do not employ a nurse. Further most IME's do not have any medical value but are done for the purpose of helping the insurance company depend against a claim by the plaintiff. Attending an IME with a client, is proper lawyering, however, if it is necessary for the client to be in a state of undress, certainly a level of modesty and privacy should be maintained by the lawyer to the extent practical.

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Re: independent medical exam

Because lots of times there a questionnaires that go beyond the scope of medical information and if filled out by the client may be used against them at a trial.

We advise our clients to only put medical information on the forms and answer medical based questions like "What was hurt during the accident?" NOT "How did the accident happen?"