Whether you were injured on the job or in a car crash, a Defense Medical Exam is one of the pitfalls of an injury case. Sometimes it is called an "Independent Medical Exam" but that is totally a misnomer as there is nothing "independent" about it.

Many insurance companies hire doctors who specialize in this type of exam. They do a lot of work for insurance companies and make a lot of money for these exams. Their job is to make you look bad. Their job is to destroy your case. Principle number one: they are not on your side.

1. Cooperate

If you don't cooperate it will be noted in the record and in the report. So be as helpful as possible while bearing in mind that this doctor is not there to treat you. He is preparing to testify against you at trial. He's not your friend. You don't need to get chummy. You are not going to win him over by building a fabulous rapport.

2. Tell the Truth

Answer questions honestly, accurately and factually but don't volunteer except as follows. Tell the doc about your pain but don't exaggerate. Instead of saying "I can't lift," say I can lift but with difficulty and pain if it is more than 10 pounds. Be accurate. Tell the doctor about things you have a hard time doing since the accident. Factually describe how so.

Be especially careful when repeating what other doctors have told you. Use general terms such as "He says I am getting better but it is going to take time."

3. One Doctor At a Time and No Lab Tests

Don't permit more than one doctor to examine you. This examination is to be done by one solitary examining doctor. Don't consent to lab tests, puncturing of your skin, taking of blood or urine samples unless your lawyer has given written permission. You may submit to x-rays.

4. Take Notes

Record the time you arrived at his office. How long were you in the waiting area? How much time did you spend filling out paperwork? How many pages was it? How long did you spend with the doctor? How much time was spent getting x-rays?

5. You Are Being Watched

The exam starts as soon as you enter the doctor's office. He will be watching how you move. How you remove your coat. Any difficulty (or ease) with common activities. You don't need to put on a show. Once again, just be honest.

6. Take Some More Notes

After the exam, when you have left his office, stop to describe your visit. How did the doctor treat you? What tests did he perform? What did he tell you? Write down everything you can remember about the visit.

Conclusion

He's not your friend but he may try to appear so. Don't be seduced. He's getting ready to testify against you at trial. He's your worst enemy. Be professional and courteous but forget about trying to win him over. Be observant. Then write it all down. And share it with your lawyer.