The defense is permitted pursuant to CCP 2032.220 to have your client undergo a Defense Medical Exam.
You had a good case with clear liability. Your case would have settled quickly until the Defense Doctor Ruined your case!
These doctors are typically paid experts and will say just about anything to help deny your clients damages to limit your clients recovery. We know the drill but those deciding your case at trial unfortunately do not.
The question is...
What can you do to help improve your clients deserved recoveries?
You are permitted under CCP 2032.510 to have an observer present at the exam to observe and audio record the examination.
This observer can determine whether the exam was done fairly and properly.
It is very difficult for an attorney to cross-examine a “seasoned” defense doctor at arbitration or trial for two reasons.
First, at arbitration, the defense attorney just submits only the defense medical report with the defense doctor not being present to cross-examine.
Secondly, whether at trial or arbitration, if the plaintiff's attorney or his/her clerk appears at the Defense Medical Exam with the plaintiff, he or she is not qualified to testify which tests were performed improperly by the defense doctor and which tests were completely omitted.
Should you decide to have the treating doctor present with your client, his/her testimony will be looked on as “biased” in order to protect his medical services and fees.
Remember, the conclusion rendered by the defense doctor is only as strong as the facts or lack thereof which support it. Rather than simply attack the credibility of the defense doctor on the grounds that he/she performed a short examination or that he “makes a living” out of testifying for the defense, you can further and more convincingly discredit him/her by arguing that the Defense Doctor's Conclusions are unsupported simply because the examination tests were performed improperly and/or there were examination omissions.
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