Before most Buffalo personal injury lawsuits are brought to trial, the defense will request that the injured party be examined by a doctor of their choosing. While the defense will refer to this as an “independent” medical examination, these examinations are frequently looked upon with great suspicion by personal injury attorneys because the medical provider is being paid by the defense and, in most cases, is looking to limit the relationship between any injury and the accident.
There are instances, however, when a defense medical examiner will find that the plaintiff did suffer injury in the accident and that the injury is as bad as the victim claims. Obviously, the defense would not want this doctor to testify in front of the jury, while the personal injury attorney would like to present to the jury that the defense’s own doctor found that the defendant caused injury to the plaintiff.
Generally, an expert witness retained by one side may not be adopted by the other as a witness, since this would put the witness in a position of working for both parties. However, when a medical provider hired by the defense examines the injured party and reports his or her findings, the medical provider can be called as a witness. At trial, this medical provider may be asked to relate the substance of the report and to offer his or her opinion regarding causation.
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