In all personal injury actions, the plaintiff bears the burden of proof regarding the nature and extent of the injury. To rebut the plaintiff’s claims of injury, the defense is entitled to have the plaintiff examined by a physician of its choosing. Typically, these examinations are referred to as independent medical examinations (IMEs) or what might more properly be referred to as defendants’ medical examinations. For years, these examinations have been part and parcel of every personal injury claim.
Recently, the credibility of certain physicians who conduct these examinations has been called into question. As has been suspected for many years, certain highly paid yet unethical doctors have been less than thorough and honest in conducting these examinations, rendering reports and providing opinion evidence in court. While insurance companies continually plaster advertisements suggesting that certain plaintiffs have been exaggerating their injuries for money, the ugly secret that a number of insurance companies do not want made public is that certain examining physicians provide phony opinions for money on an ongoing basis to defeat or diminish legitimate claims.
