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Straight
Track #236
Defense attorneys for the railroads and insurance
companies call it an "IME" for Independent Medical Exam. But, it is not!
"IMEs" -- those words get most plaintiffs' lawyers hopping mad.
You have to understand that IMEs are not performed by
independent physicians for garnering a second opinion. IMEs are
performed for the sole purpose of giving the "hired gun" defense
attorney for the railroad or insurance company a chance to find some
support for a legal defense to your FELA claim or, in the case of an
insurance company, to deny your claim.
This is why I never call such exams IMEs, and in fact, I
would never ask for an IME to be given to you. These exams should be
called Defense Medical Exams (DMEs).
DMEs: In Enemy Territory
An injured railroader wants to believe that every doctor
that sees him is there to help him recover from his injury. The injured
person wants to believe that he can trust not only his doctor but the
physician who conducts the DME. Similar mistakes are made when an
injured railroader trusts the claim agent who is taking his statement or
the trainmaster "helping" the injured worker fill out the injury report.
It is critical to remember that the interests of the
claim agent, the trainmaster and the DME physician are opposite to
yours. Their interests are in protecting the railroad's interest and
their jobs. Their job responsibilities require them to undercut your
FELA claim.
The interests of the claim agent are clear. The less
money paid on a settlement, the more successful the claim agent and the
railroad will be at the end of the year.
The physicians who perform DMEs also have "pocket book
interests", but they have other motives, too. Many DME doctors first
perform a review of all the medical records of a person. After this
review, the railroad or insurance company asks for their opinions in the
case. The opinion formulated by the DME doctor after the review of the
medical records is more often than not the VERY opinion that needs to be
reinforced by the physical examination of the client. It is a case of
the medical theory leading the facts.
By way of example, the DME doctor offers his opinion to
the railroad after a review of the records that the injured railroader
can be suffering from a lower lumbar strain and not a herniated disc. Do
you think the DME doctor is going to get any more business from the
railroad if after a physical exam he confirms that the injured
railroader has a herniated disc?
One of the most common conclusions from a DME is that
you are a malingerer, or that you have exaggerated your symptoms. If
your injuries cannot be denied, the defense will be that while you may
be disabled and honest, you have created a fixation on your injuries
that is magnifying your problem. Whatever can be done during the exam to
portray you in an unfavorable light will be done in order to fit you
into one of these classifications.
Further, generally speaking, the selected doctor does
not treat railroad employees, but is a highly paid "expert witness" for
the railroad. The DME doctor "treats" numerous injured employees for
evaluation purposes only. The sole goal for the railroad from the
examination is to obtain a favorable medical opinion to use against the
injured worker by "forcing" him back to work to reduce wage loss
damages.
Be forewarned – when you are sitting in the doctor's
office for a DME you might as well be sitting in the defense attorney's
office helping him defend the railroad.
As experienced FELA attorneys, Hoey & Farina will work
hard to protect your rights and help you defend against the railroad. If
you've been injured, call us at (888) 425-1212.
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