Plaintiff's Conditions for Consenting to Defense edical Examination


      In response to a defense attorney's request for the plaintiff to consent to a medical examination, plaintiff, through his attorneys in the case of Dallas v. Walker, Case No. 24-C-04-006396 MT, presents the following preliminary conditions. These are presented in a good faith effort to avoid the need for the defense to have to file a motion for an examination. Plaintiff's accident attorneys reserve the right to seek additional conditions as information concerning the proposed examining doctor and examination becomes available.

  1. The defense attorney pays the cost of the examination and reimburses plaintiff in advance for any lost wages or mileage expense.
  2. The proposed examining doctor's C.V. is provided to the plaintiff at least two weeks prior to the scheduled exam.
  3. A written report from the examining physician is provided to plaintiff's attorneys within two weeks of the date the examination takes place which contains all of the doctor's opinions and conclusions with the factual basis for same supplied.
  4. Any proposed x-rays or other tests which the examining physician anticipates utilizing will be disclosed in advance of the scheduling of the examination and will be subject to approval by plaintiff and plaintiff's counsel. Plaintiff and plaintiff's attorney will cooperate in making existing medical records, radiological films, and other materials available for the examining physician's review.
  5. At the time of the examination, the examining doctor will not question the plaintiff concerning liability issues, and the plaintiff will not be required to complete any written questionnaires.
  6. At the time of the examination, the plaintiff has the option of being accompanied by a nurse, friend, or relative whose role will be limited solely to observation.
  7. This exam is the only medical exam to which the plaintiff will be required to submit.
  8. The doctor agrees that plaintiff's attorney is permitted to call the defense's examining physician as an expert witness on behalf of the plaintiff at trial.
  9. The defense attorney will obtain the doctor's complete federal and state income tax returns with all attachments for the last three years and provide same to the plaintiff at least two weeks prior to the exam.
  10. The defense attorney will obtain from the doctor any and all 1099 forms and any other documents and forms that demonstrate the source(s) of payment to the doctor from any insurance company or defense law firm that compensated the doctor for any medical exam performed in the last three years at the request of any defense law firm or insurance company. The doctor will also provide the plaintiff with a list of any and all depositions the doctor has attended and any and all times he has testified at trial within the last three years to include the name of the case; case number; name of the patient examined; name, address, and phone number of the attorneys involved; and the amount of compensation he was paid, and by whom. This information shall be provided to the plaintiff at least two weeks prior to the scheduled insurance medical exam.
  11. The doctor will not refer to the exam he performs as an "independent medical exam."
  12. The doctor's calendar for the last three years (shows forensic work)