Can an IME report be disregarded due to examiner bias?

We recently had a case of a 31-year-old man who suffered substantial injuries in a work-related accident. The client was hit with several 40-pound bags of fertilizer that fell off pallet located 10 feet above his head in the warehouse of a landscaping company. He sustained several injuries in including ruptured discs at C3, C4 and C5. The client subsequently developed Complex Regional Pain Syndrome (CRPS) of the left upper extremity after surgical intervention for the ruptured discs.

During the course of treatment, opposing counsel ordered a psychiatric IME. I attended the IME as a medical observer for the client and his attorney. It should be noted the client hired an attorney to represent him after treatment was denied for his surgical cervical procedure and subsequent denial of treatment for comprehensive treatment through a pain clinic after his CRPS diagnosis.

The first IME we observed regarding the disc problems was quite straightforward. When we observed the client’s psychiatric IME we were actually astounded by the demeanor and behavior of the IME examiner. The examiner was hostile to and argumentative with the client. The IME report reflected the examiner’s attitude and behavior towards the client.

It was our opinion the IME report should be completely disregarded regarding this client’s medical conditions and treatment due to examiner bias.

This situation is another example of how we can assist you with all the medical issues in your cases.

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As you know, we have purposefully kept our fees exceptionally low allowing you the opportunity to have us review your cases early in your representation while controlling your expenses.

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