Q: Can I have a witness at an examination by the independent medical examiner?
I am familiar with the independent medical examiner that I am scheduled for in the next few weeks. I had found his previous testimony to be fraudulent and extremely biased for the attorneys representing my employer. I would like to video record the next examination to keep things unbiased. My current attorney has not called back (which is a reason I even need this second time in court.) Changing attorneys mid-case was impossible due to the unwritten rules of conduct between lawyers. It is something I learned the hard way, so I am stuck with a lawyer who never answers calls or has a staff that can answer simple questions like this one i propose. But I digress... I would like to videotape, audio record or have a witness, preferred in that order. I am was to assume that if I asked the doctor, the answer would be no (whether it is a right or not.) They said "off the record, what the doctor doesn't know will not hurt him.
A: While I have not heard of anyone video recording an IME, I have heard many times of hiring a nurse practitioner or other type of experienced professional to be there for these IMEs. That is typically acceptable, and sometimes takes your lawyer to put up a fight if there is opposition to it. Your lawyer should be aware of the process for making this happen.
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