Westminster, MD asked in Workers' Compensation for Maryland

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.

Related Topics:
1 Lawyer Answer
Jobeth Rocky Bowers
Jobeth Rocky Bowers
  • Workers' Compensation Lawyer
  • Elkton, MD
  • Licensed in Maryland

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.