defence report, how often can he revise it?

[mustang]

I was in an auto accident,and saw a defence doctor in feb. he mentioned in his report that he felt i was not a surgical canidate,meanwhile he knew i was scheduled for fusion surgery. I received this report a short time after my surgery[written the day i went under the knife,how ironic] I have just received a "revised" report in the mail, to which he really attacks the integrity of my surgeon and questions his decision on doing surgery on me. how many times can this man change this report, and what can i do as the surgeon i choose was the best in the area? the surgeon i choose is a busy man and i know he will fight for me, but if they keep doing this, it may make my surgeon mad and not want to fight for me anymore...then i am up the creek without a paddle. what can i do, and how many times can this defence doctor do this?

thanks.....

 

[Tracey]

What you can do is hand this problem off to your attorney and stop worrying about it. It's the defence MD's job to 'question' whether you are a surgical candidate. He's trying to set up the argument that you had unnecessary surgery, so the ins/co. shouldn't have to pay for it. Your lawyer will skewer him on the stand if it goes to trial.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[prairielaw3]

the fact of the matter is these defense doctos can often change their mind as often as they want, even up to the day of trial (unless a specific state rule to the contrary). They realize that insurance cos will only keep hiring them as long as they continue to give favorable reports. Their income depends on them giving reports that support the insurance co. As the other post noted, any experienced trial attorney is used to this. Your attorney should be able to handle it.
Good luck!
George Senteney http://www.prairielaw.com
the global law community

 

[mustang]

can this doctor be sued for slander, as he calls into question my honor. he states in his report that " one can not accept my word at face value, as they are associated with pain amplification behaviour." basically calling me a liar yet my subjective complaints have not changed since day one and that just because i have been on morphine for almost the last 2 years,"certainly one can not use the levels of analgesic to qualify the pain complaints." i am sure doctors do not perscribe this medication if you have a common backache. would these qualify as slander or defimation of character? thanks.

 

[prairielaw3]

It would be a tough case because opinion are generally not actionable; I understand the frustration as i have often shared it from the number of times I have seen it happen to clients, but the best bet is that your attorney and treating doc are able to sufficiently discredit the IME doc at trial.
George Senteney