DoctorPersonal Injury attorney Miles B. Cooper, a partner at Emison Hullverson LLP, wrote a very insightful article in the March, 2014 issue of  Plaintiff Magazine on the joys and pitfalls of deposing treating physicians.

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Something came up for opposing counsel at the last minute and he didn’t show. That left us – the court reporter, videographer, and me – sitting in the conference room with the treating doctor deponent, the one who had been too busy, according to his office (disinterested, I suspected) to meet me face to face. “Doctor, while you’re here,” I began . . .

Continue Reading Treating Physicians–Treat Them Right

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When plaintiff receives a demand for a physical examination he or she have 20 days after the service of the demand to serve their response.  Pursuant to C.C.P. §2032.230 (pdf), plaintiff has three options:

  1. Agreeing to the request;
  2. Agreeing as modified to the request; or
  3. Refusing to to submit to the demanded physical examination for reasons specified in the response.

Continue Reading Plaintiff’s Rights Regarding an Independent Medical Examination

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Many times when a plaintiff answers Form Interrogatory 6.4, responds to requests for production of medical bills or prepares a settlement demand, they use the total medical bill without any regard to if the bill has been reduced or paid by another.  This is because of the collateral source.  The collateral source rule, which is a rule of evidence, states that Continue Reading You Can Discover How Much Was Paid for Medical Treatment

IME Doctor

In most personal injury actions the plaintiff is served with a Notice for an Independent Medical Examination. It has become so commonplace that no one really thinks twice about the demand. However, there are a few requirements to this discovery device that defendant must comply with in order to perfect the request. Continue Reading I’ve Got This Doctor You Gotta See!