When an injured accident victim makes a personal injury claim for compensation they almost invariably have to undergo an independent medical examination with an insurance company Doctor or by a Doctor arranged by the Injuries Board. It is important to properly prepare for this medical examination. The following issues are usually raised by the independent medical examiner-
- Your prior health and medical history including any previous injuries from vehicle accidents, work accidents, falls and sports accidents and all visits to Doctors or Hospitals in relation to same.
- What happened on the date of the accident
- Your role and responsibility for the accident as the insurance company will be seeking to attribute part blame for the accident on you.
- You must be able to re-count in detail all of the injuries sustained in the accident and your subsequent treatment for same
- You must be able to tell the Doctor details of any prior or subsequent accidents.
- You will have to be able to describe how your activities of daily living and recreational activities have been affected by your injuries.
- You will have to describe how your injuries have affected your ability to do your basic work activities.
- You must have details of any time lost from work with specific dates.
- If you have been advised by other Doctors or physiotherapists that you will have to have further treatment in the future you should be able to tell the Doctor what medical person has told you this and when.
It is very important to be properly prepared before the examination so that you can avoid running in to problems with an inaccurate or inconsistent history. The better prepared you are the more likely that the independent medical examination will run smoothly. It is no harm to review your own medical records prior to undergoing the medical examination to ensure that you can give a proper and detailed account of dates and the nature of treatment given after the accident. This will avoid delays in the independent medical examiners report being furnished to the insurance company.
You are not entitled to see a copy of the insurance company’s medical report or the report prepared by any Doctor used by the Injuries Board until an assessment has been made by the Board or your case is listed for Hearing.
Can I object to attending a medical examination arranged by the Insurance Company or the Injuries Board?
Once you pursue a personal injury claim for damages you must consent to being examined by an independent Doctor on behalf of an insurance company. Failure to attend a medical examination could result in your case being permanently delayed. However, with regard to the Injuries Board while they recommend that you attend a medical examination with one of their own panel Doctors there is no obligation under the Injuries Board Act for you to do so. You can object to going to see their Doctor on the basis that you can provide them with your own medical reports if you are satisfied that they comprehensively describe your injuries and provide a prognosis. This is a matter that you can discuss with Liam Moloney Solicitor.
