Deck 14: Medical Examinations and Records

Question 1

DEFINE
subjective complaint

Answer 1

A physical or mental complaint offered by the patient to his or her physician that the physician cannot verify by tests. Nevertheless, the symptom may be very real and significant in evaluating the patient's condition.

Question 2

The plaintiff's lawyer does not have an automatic right to interview the inde- pendent medical examiner selected by the defendant.

Answer 2

True

Question 3

DEFINE
good cause

Answer 3

The necessary showing to obtain a court-ordered independent medical exami- nation. The moving party must show that there is a controversy concerning the respondent's mental condition, bodily condition, or blood condition that
is relevant to the pending action.

Question 4

Courts do not allow the defendant to cross-examine the plaintiff about his or her refusal to submit to tests recommended by the independent examiner.

Question 5

How many independent medical examinations may a party request?

Question 6

An independent examiner may be expected to be more skeptical about the plaintiff's accident history, prior medical history, subjective complaints, and symptoms than is a treating physician.

Question 7

Since an independent examiner is considered an expert witness, the party presenting him or her may be compelled under Rule 26 to discuss the substance of the expert's anticipated testimony in answers to interrogatories.

Question 8

Since a plaintiff must prove his or her claim, a court is likely to order the plaintiff to submit to tests even if they are painful or subject the patient to some risk of harm.

Question 9

DEFINE
past medical history

Question 10

A treating physician has a responsibility to prove or establish a patient's claim.

Question 11

Even if the defendant places his or her physical condition into issue as a defense, the defendant cannot be required to submit to an examination.

Question 12

The defendant may request a Rule 35 medical examination at any stage of the litigation, subject to the court's scheduling order.

Question 13

The plaintiff is entitled to a copy of the independent examiner's report and may demand a copy from the examiner at the conclusion of the examination.

Question 14

The defendant must ordinarily pay the expenses the plaintiff incurs in traveling to and from the place of the examination.

Question 15

Courts are disinclined to impose specific limitations on the scope of inde- pendent medical examinations.

Question 16

The rules of evidence presume that patients are not candid with their physi- cians when they seek medical treatment.

Question 17

Can the defendant move the court for an order requiring the plaintiff to submit to an independent examination to be conducted by a doctor of chiro- practic?

Question 18

For whatever reason, if the plaintiff does not like the defendant's choice of independent medical examiner, the defendant will have to select an alternative examiner.

Question 19

DEFINE
objective finding

Question 20

Unless the plaintiff places his or her physical condition into issue, the defendant does not have a right to an independent examination of the plaintiff.

Question 21

What should the independent medical examiner do if he or she concludes that the treating physician has the wrong diagnosis or is providing the wrong treatment?

Question 22

What may the court not do if a party refuses to submit to a medical examina- tion, in spite of a court order finding that good cause has been shown?

A) The court may hold the party in contempt of court.
B) The court may dismiss the plaintiff's lawsuit.
C) The court may resolve the disputed medical facts against the party.
D) The court may strike (disallow) the defendant's answer and find the party in default.

Question 23

May the plaintiff be held in contempt of court for failing to comply with an order to submit to an independent medical examination?

Question 24

What recourse does the plaintiff have if the plaintiff believes that the inde- pendent medical examiner did not conduct the examination fairly or did not report the findings fairly?

Question 25

Is it ethical to describe to the client what medical tests the independent examiner is likely to perform and the reasons for those tests?

Question 26

Is the plaintiff required to pay for a copy of the independent medical exami- nation report prepared by the defendant's examiner?

Question 27

What should the defendant do if he or she wants more examinations than the plaintiff is willing to undergo?

Question 28

A rule of thumb is that if the plaintiff's injuries are minor, it is best to obtain an independent medical examination ; if the injuries are serious, it is best to obtain the examination .

A) soon; later on.
B) soon; soon.
C) later on; soon.
D) later on; later on.

Question 29

May an independent medical examination exceed the scope of the plaintiff's claim of injury? If so, why?

Question 30

Who may the court not require to undergo a Rule 35 independent medical examination?

A) a party.
B) someone who is directly under the control of a party.
C) the employees of a corporation that is a party.
D) the dependent child of parents who bring suit on behalf of the child.