During the course of a lawsuit, after a deposition, my client will usually, 9 times out of 10, be examined by a doctor on behalf of the defendant or the medical insurance company. This also can happen with no-fault and workers’ compensation. Focusing on a lawsuit, these doctors are hired or asked to perform these examinations on behalf of the defendants, so there’s no patient-client privilege or relationship established. They are not your treating doctor, but in fact, they are working for the defendants to evaluate you.
It is very important when you go for these examinations because they’re not independent, they’re essentially defense examinations, that you be as truthful and accurate with the examining physician as you can be. Insurance companies, defendants have accesses to databases and they know all of your prior injuries and all of your subsequent injuries. If you’re asked at an independent medical examination, “Did you ever have that knee injury before this accident?” and you say no, then they are going to know that. That will be in the report.
If you have an accident after this, in all likelihood, they will know about it. It is incredibly important to be honest because in all likelihood, the defense examination will be appropriate medically and they will reach an opinion, which is not necessarily the greatest for your case, but it will be an honest medical opinion. You do not want to give any additional fuel for them to assume that you are not being truthful and honest with them when you describe your physical condition to them.
 If you are in need of legal counsel in regards to a personal injury in New York, please contact The Law Offices of Jonathan D. Sands and we would be happy to assist you.