Defense Medical Exams (DME’s) are a vital component of personal injury litigation. In legal cases, defense counsels will use a DME as a weapon to take advantage of their clients. Want to know how to avoid all of this heartache and stress? It’s quite simple.. By working alongside a legal nurse consultant, you can develop a comprehensive framework to navigate through these complex legal hurdles. We will be taking a closer look at the importance of working with an LNC for DME’s (Defense Medical Exams) and why it’s in your best interest to do so.
What Are Defense Medical Exams?
Defense Medical Exams are important in the process of personal injury litigation. Essentially, a defendant in a personal injury case (the person accused of causing harm to someone else) has the right to have a plaintiff (the person injured), receive a doctor’s examination from whomever they choose. There are only two conditions for this exam– It cannot include any test or procedure that inflicts pain, is prolonged, or invasive, and it needs to be done within 75 miles from the plaintiff’s residence.
These kinds of exams are most common whenever a plaintiff has an injury that is ongoing or requires continuous treatment. The defendant will select a doctor who specializes in the same treatment as the one the plaintiff is using. If needed, they can ask the court to require that the plaintiff be seen by a variety of doctors, if the injuries are severe enough.
How An Legal Nurse Consultant Can Help Prepare You For DME’s
Now that we have covered the core principles of defense medical exams, it’s time to break down how an LNC’s expertise can help you and your legal team in preparing for these proceedings. For anyone that didn’t know this previously, defense medical exams are not independent. They are designed to help the defendant prove that your injuries are less severe than what you are claiming. The doctor(s) will be hired by the defense (typically an insurance company), and will testify on behalf of the defendant, if the case goes to trial.
Most personal injury attorneys will recommend having them be present during the exam, and when you add legal nurse consultant into the fold, this will go further in expanding your reach. By having these professionals present during your exam, it can help in providing protection against any shady tactics–which can minimize your chances of compensation if you don’t work to avoid it.
Legal nurse consultants, as we have discussed in previous posts, come equipped with a variety of knowledge at their disposal. Their background as registered nurses gives them the credentials for analyzing medical records, evaluating medical issues, monitoring the standard of care, provide reports, and provide professional opinions on the causation of injury and its damages on the individual.
The Day Of The Defense Medical Exam
On the day of the exam, your legal counsel and legal nurse consultant will prepare you ahead of time on the dos and don’ts. For instance, you do not need to fill out any paperwork or answer any questions. When it comes to debriefing the staff on your medical history, your team will guide you on whether you should do it or not. Never lose sight of the fact that the doctor works for the defendant. In other words, they will be trying to compile information to undermine your case. Answer questions honestly, but be diligent in your approach, since the doctor is not on your side. Do not embellish, fake pain, or anything else that can leave the impression on your doctor that your injuries are illegitimate or only mildly severe. These doctors will review your records as they relate to the injury, and will compile a report based on the examination of the records.
Bridging The Gaps With A Professional Legal Nurse Consultant Near Me
If you already have legal counsel representing your case, then congrats! You’re on the right track, but this is just skimming the surface until you hire a legal nurse consultant from SPLNC & Associates, LLC. To get started with our team, contact us today!