The Defense In My Case Wants Some Other Doctors To Look At Me. Can They Do That?

by Friedman & Ranzenhofer, PC on March 18, 2010

in Buffalo Injury Questions and Answers

When personal injury lawsuits in Buffalo are preparing to go to trial, it is not unusual for the defense to request that the injured person be examined by one or more doctors chosen by the defense.  Under New York State law, the defense does have a right to have such medical examinations conducted in most cases.

While you may be required to undergo this examination, bear in mind that the doctor conducting the examination has been chosen by the defense in the hopes that he or she will be able to provide medical evidence that your injuries are not as extensive as you claim.  He or she is not your doctor and is not there to help you with your treatment or provide medical advice.

Because the defense has requested this medical examination in the hopes of developing evidence against you, your lawyer may wish to either attend the examination or have another person, such as medical person hired by your lawyer, attend it, to make sure that the individual conducting the examination does not overstep the bounds of the examination or treat you unfairly. 

If you are required to attend such an examination, you should speak with your attorney.  He or she can provide you with additional information and provide advice regarding how to conduct yourself at the examination.

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