Very interesting argument, I get concerned about the leeway "independents" are given as if they are real exams.

Excellent point Mike.

To protect our clients, we require a stipulated order prior to exam which includes a number of different mandatory parameters for the exam. We believe the court rules here in Michigan mandate such an order. Most judges agree.

We attempt to place the following restrictions on the evaluation for the protection of our clients:

1. Recognizing that this is a medical examination by the defense, with the doctor of their choosing, there will be no reference to the term "independent" in the report and/or testimony of Dr. X. The procedure will simply be referred to as "an examination by Dr. X at the request of defense counsel".
2. That a representative of Plaintiff's counsel's office shall be allowed to attend the entire examination of Plaintiff in an observational capacity.
3. That the Defendant's medical examiner in this case shall be Dr. X, MD and the examination will take place on ___________.
4. That it shall be Defendant's responsibility to provide all pertinent medical information to the defense medical examiner.
5. That Plaintiff will be provided a current copy of the Curriculum Vitae of the defense medical examiner in no event more than ten (10) days after the scheduled appointment.
6. That Plaintiff will be provided a written statement of the charge for taking a one hour deposition within ten (10) days following the examination.
7. That Plaintiff's counsel will be provided the full and correct name of the defense medical examiner physician (or separate billing entity, i.e. payee) with tax identification number so that Plaintiff can comply with tax code and regulation requirements for any payments made in taking the physicians deposition.
8. The examination must be limited to Plaintiff's conditions which are in controversy in this action, namely her [insert injury].
9. Any individuals assisting the defense examiner must be fully identified by full name and title to Plaintiff and Plaintiff's representative in attendance at the examination and in any report authored by the defense examiner.
10. No diagnostic tests or procedures that are painful, protracted or intrusive will be allowed. Further, Plaintiff consents to x-ray or other radiological or imaging studies of any body part representing a condition that is in controversy in this case.
11. Plaintiff will be allowed to give an oral history of the incident and her injuries. She will not orally relate medical history which is unrelated to the areas of injuries claimed in the lawsuit. If asked, she may advise the defense medical examiner of any medical conditions she has that she believes the physician should know about prior to the examination.
12. Plaintiff will not sign any paperwork or fill out any paperwork at the defense medical examiner's office including "patient information forms" or "consent forms", as Plaintiff is not a patient of the defense medical examiner's office and is consenting to this examination only pursuant to the requirements of Michigan Rules of Court.
13. The appointment will be scheduled so as not to cause Plaintiff a loss of time from work or at least to minimize such loss of time.
14. The defense medical examiner must be provided with a copy of this agreement prior to the examination.
15. The total time for examination and testing, if applicable, will not exceed two hours. If any period of time exceeding 30 minutes goes by after the scheduled starting time when Plaintiff is not being examined, either by a doctor or his staff, then Plaintiff will be free to leave.
16. Plaintiff's counsel shall receive a copy of all reports and writings generated by the doctor in this matter pursuant to Michigan Rules of Civil Procedure, including a copy of a detailed written report with results of all tests made, diagnosis, prognosis and conclusion of the examiner, all record review reports, billings, notes, etc. within 10 days following the examination.
17. The defense medical examiner and an agent of any medical exam forwarding company will be made available for discovery only deposition prior to the close of discovery. Defendant will advise Plaintiff in writing prior to said examination of the normal and reasonable hourly rate for the deposition of both medical examiner physician and the agent of the forwarding company. Plaintiff shall pay in advance the physician's pre-advised hourly rate for a one hour discovery deposition.
18. That the Plaintiff is not required to bring any records or x-rays or other testing with her, but will provide Defendant with the necessary authorizations to obtain same.
19. Defendant shall pre-pay mileage reimbursement to Plaintiff at the rate of $.51 per mile for the mileage incurred in attending this examination.

Mr. Gatzke:

Thanks for your comments. I think you've described a situation that many Michigan citizens are, unfortunately, familiar with. Michigan is one of 4 states her in the US that doesn't hold insurance companies responsible when they wrongfully deny benefits.

But, we have had some success suing these doctors for physically injuring poeple during exams, but have yet to hold them liable for rendering biased and unsupported reports that form the factual basis for a "cut-off" by the insurance company. Although, that may be changing as legislation was recently introduced that may change this. Stay tuned for more blog pieces on important changes in Michigan that will hold insurance companies liable for wrongful denial of benefits.....

-Tim