The necessary showing to obtain a court-

Exam 14: Medical Examinations and Records

What recourse does the plaintiff have if the plaintiff believes that the inde- pendent medical examiner did not conduct the examination fairly or did not report the findings fairly?

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Question 1

Correct Answer:

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None. The examiner's report is not necessary to the plaintiff's treatment or lawsuit. The plaintiff does not rely upon the report.

May the plaintiff be held in contempt of court for failing to comply with an order to submit to an independent medical examination?

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Question 2

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No. The plaintiff's right to privacy is considered paramount. However, if the plaintiff refuses to submit to an independent medical examination, the court may dismiss the plaintiff's civil action or impose other less stringent sanctions.

The plaintiff's lawyer does not have an automatic right to interview the inde- pendent medical examiner selected by the defendant.

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Question 3

Correct Answer:

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True

What should the independent medical examiner do if he or she concludes that the treating physician has the wrong diagnosis or is providing the wrong treatment?

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Question 4

Unless the plaintiff places his or her physical condition into issue, the defendant does not have a right to an independent examination of the plaintiff.

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Question 5

Can the defendant move the court for an order requiring the plaintiff to submit to an independent examination to be conducted by a doctor of chiro- practic?

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Question 6

DEFINE -objective finding

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Question 7

What should the defendant do if he or she wants more examinations than the plaintiff is willing to undergo?

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Question 8

DEFINE -subjective complaint

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Question 9

Since a plaintiff must prove his or her claim, a court is likely to order the plaintiff to submit to tests even if they are painful or subject the patient to some risk of harm.

(True/False)

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Question 10

The plaintiff is entitled to a copy of the independent examiner's report and may demand a copy from the examiner at the conclusion of the examination.

(True/False)

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Question 11

May an independent medical examination exceed the scope of the plaintiff's claim of injury? If so, why?

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Question 12

Even if the defendant places his or her physical condition into issue as a defense, the defendant cannot be required to submit to an examination.

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Question 13

The defendant may request a Rule 35 medical examination at any stage of the litigation, subject to the court's scheduling order.

(True/False)

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Question 14

Is it ethical to describe to the client what medical tests the independent examiner is likely to perform and the reasons for those tests?

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Question 15

Who may the court not require to undergo a Rule 35 independent medical examination?

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Question 16

A treating physician has a responsibility to prove or establish a patient's claim.

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Question 17

DEFINE -good cause

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Question 18

For whatever reason, if the plaintiff does not like the defendant's choice of independent medical examiner, the defendant will have to select an alternative examiner.

(True/False)

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Question 19

Since an independent examiner is considered an expert witness, the party presenting him or her may be compelled under Rule 26 to discuss the substance of the expert's anticipated testimony in answers to interrogatories.

(True/False)

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Question 20

Showing 1 - 20 of 30

Exam 14: Medical Examinations and Records

What recourse does the plaintiff have if the plaintiff believes that the inde- pendent medical examiner did not conduct the examination fairly or did not report the findings fairly?

May the plaintiff be held in contempt of court for failing to comply with an order to submit to an independent medical examination?

The plaintiff's lawyer does not have an automatic right to interview the inde- pendent medical examiner selected by the defendant.

What should the independent medical examiner do if he or she concludes that the treating physician has the wrong diagnosis or is providing the wrong treatment?

Unless the plaintiff places his or her physical condition into issue, the defendant does not have a right to an independent examination of the plaintiff.

Can the defendant move the court for an order requiring the plaintiff to submit to an independent examination to be conducted by a doctor of chiro- practic?

DEFINE -objective finding

What should the defendant do if he or she wants more examinations than the plaintiff is willing to undergo?

DEFINE -subjective complaint

Since a plaintiff must prove his or her claim, a court is likely to order the plaintiff to submit to tests even if they are painful or subject the patient to some risk of harm.

The plaintiff is entitled to a copy of the independent examiner's report and may demand a copy from the examiner at the conclusion of the examination.

May an independent medical examination exceed the scope of the plaintiff's claim of injury? If so, why?

Even if the defendant places his or her physical condition into issue as a defense, the defendant cannot be required to submit to an examination.

The defendant may request a Rule 35 medical examination at any stage of the litigation, subject to the court's scheduling order.

Is it ethical to describe to the client what medical tests the independent examiner is likely to perform and the reasons for those tests?

Who may the court not require to undergo a Rule 35 independent medical examination?

A treating physician has a responsibility to prove or establish a patient's claim.

DEFINE -good cause

For whatever reason, if the plaintiff does not like the defendant's choice of independent medical examiner, the defendant will have to select an alternative examiner.

Since an independent examiner is considered an expert witness, the party presenting him or her may be compelled under Rule 26 to discuss the substance of the expert's anticipated testimony in answers to interrogatories.

Litigation Principles

Lawyer and Client Relationship and Ethics

Court Organization

Causes of Action and Remedies

Affirmative Defenses

Introduction to Federal Procedure

Gathering Evidence

Evidence

Conducting an Investigation

Expert Witnesses

Interrogatories

Oral Depositions

Preparing Client for Deposition

Inspection of Property, Documents, and Things

Requests for Admissions

Motions

Preparation for Trial

Structure of a Civil Trial

Judgments

Appeals

Settlements, Releases, and Dismissals

Arbitration and Mediation Glossary

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