Cross-Examination of ‘Independent’ Medical Examiner (IME)

This is a watered down version of a cross examination of the defendant’s medical experts of the general types of questions plaintiff’s personal injury lawyer may want to ask of the defendant’s expert who has performed (or not performed) a independent medical examination (IME).

REVIEW FILE

• ARTICLES, 1099’S,BEFORE TESTIFYING HERE TODAY, DID YOU REVIEW AND MEDICAL LITERATURE, MEDICAL TEXTBOOK OR REVIEW ANY STUDY

FORMATION OF OPINION

• YOU WERE HIRED BY THE DEFENDANT’S ATTORNEY TO RENDER AN OPINION IN THIS CASE?
• YOU ARE NOT ONE OF CAROL’S TREATING DOCTORS?
• HOW WERE YOU CONTACTED BY THE DEFENDANT IN THIS CASE?
• WHEN WERE YOU FIRST CONTACTED BY THE DEFENDANT?
• WHEN DID YOU REVIEW CAROL’S MEDICAL RECORDS?
• WHEN DID YOU COME TO HOLD OPINIONS IN THIS CASE?
• WHEN DID YOU REVIEW THE MRI FILMS?
• DID YOU EVER ISSUE A PEER REPORT?
• ARE YOU AWARE THAT YOU WERE DESIGNATED AS AN EXPERT IN JULY OF 03′ EXHIBIT ?

HAND DOCTOR

• YOU HAVE A SUB-SPECIALTY IN HANDS?
• YOU TEACH A HAND SURGERY CLASS?
• YOU ARE CHIEF OF HAND SURGERY AT ST. AGNES ?
• YOU ARE A MEMBER OF THE AMERICAN SOCIETY FOR SURGERY OF THE HAND ?
• YOU HAVE AN EXTRA BOARD CERTIFICATION FOR HANDS?
• YOU ARE NOT BOARD CERTIFIED TO DO IME’S?
• ABOUT ½ YOUR PRACTICE IS EXCLUSIVELY HAND SURGERY ?
• THE REST OF YOUR PRACTICE INCLUDES A WIDE VARIETY OF ORTHOPAEDICS, SHOULDERS, KNEES, HIPS, BACKS, ETC?
• IS IT FAIR TO SAY THAT MOST OF THE TIME YOU ARE CALLED AS AN EXPERT, IT INVOLVES A HAND INJURY?
• WHAT % OF YOUR PRACTICE INVOLVES NECK INJURIES FROM AUTO ACCIDENTS?
• WHAT DO YOU CHARGE?
• YOU HAVE DONE RECORD REVIEWS IN THE PAST ?
• TYPICALLY FOR YOU THAT WOULD TAKE LESS THAN AN HOUR?
• HOW MANY TIMES A MONTH DO YOU DO A RECORDS REVIEW?
• WHAT DO YOU CHARGE FOR THAT ?
• HOW MANY TIMES A MONTH DO YOU DO A RECORDS REVIEW AND ACTUALLY EXAM A PATIENT?
• WHAT DO YOU CHARGE FOR THE IME?
• WHAT DO YOU CHARGE FOR A DEPOSITION?
• WHAT ABOUT IF ITS AN HOUR AND 1 MINUTE?
• IS THERE A MINIMUM TIME YOU CARVE OUT ?
• WHAT DO YOU CHARGE FOR A COURT APPEARANCE?
• HOW MANY DAYS A WEEK DO YOU WORK?
• HOW MANY PATIENTS DO YOU SEE IN A DAY ON AVERAGE ?

NEVER DID AN IME

• YOU NEVER EXAMINED CAROL WILLIAMS?
• YOU NEVER HAD THE OPPORTUNITY TO DISCUSS HER MEDICAL REPORTS WITH HER?
• TYPICALLY THE DEFENSE WILL SET UP AN EXAM FOR YOU TO DO AND THAT DID NOT HAPPEN IN THIS CASE?
• THEY NEVER ASKED YOU TO EXAM HER DID THEY?
• YOU NEVER TALKED TO HER IN PERSON?
• YOU NEVER PERFORMED A SINGLE ORTHOPAEDIC TEST ON HER ?
• YOU NEVER ASKED HOW HER NECK WAS POSITIONED DURING THE COLLISION?
• TODAY IS THE FIRST TIME YOU HAVE EVER EVEN SEEN CAROL WILLIAMS?
• HAVE YOU EVER TESTIFIED LIVE AT TRIAL IN A CASE WHERE YOU NEVER EXAMINED THE PATIENT BEFORE ?
• YOU ARE BEING PAID BY THE DEFENSE TO COME IN HERE AND TESTIFY
• HOW MUCH ARE YOU CHARGING THE DEFENSE FOR YOUR TIME HERE TODAY?
• DID YOU HAVE A PRETRIAL MEETING WITH THE ATTORNEY, HOW MUCH DID YOU CHARGE FOR THAT?
• DID YOU REVIEW THE RECORDS IN THIS CASE , WHAT WAS THAT CHARGE
• THE MRI REVIEW, WHAT WAS THAT CHARGE?
• HAVE YOU EVER TESTIFIED FOR ANY OF THE OTHER DEFENSE ATTORNEYS AT THE LAW FIRM OF SMITH & JACKSON?
• HAVE YOU EVER PLAYED GOLF WITH ANY OF THEM?

NO RESEARCH TO SUPPORT OPINION

• YOU HAVE TESTIFIED IN THE PAST THAT THERE IS A “ROUGH” CORRELATION BETWEEN THE IMPACT AND AMOUNT OF PD?
• THERE IS A ROUGH CORRELATION AS TO THE AMOUNT OF FORCE AND THE AMOUNT OF ENERGY ON THE OCCUPANT?
• YOU HAVE ALSO TESTIFIED IN THE PAST THAT THE BIGGER MORE EXPENSIVE CARS, SUCH AS A CADILLAC, PROTECT THE OCCUPANT BETTER?
• DO YOU HAVE ANY DATA WITH YOU HERE TODAY ABOUT THE ABSORPTION OF THE BUMPERS ON EITHER ONE OF THOSE CARS ?
• DO YOU HAVE ANY DATA WITH YOU HERE TODAY ABOUT THE STRUCTURAL INTERGRITY OF THOSE VEHICLES AT ALL ?
• IN THE PAST, YOU HAVE BEEN ASKED BY OTHER LAWYERS TO PRODUCE ANY LITERATURE THAT SUPPORTS THIS “ROUGH” CORRELATION?
• YOU WERE GIVEN A SUBPOENA IN THIS CASE BY MY OFFICE TO BRING WITH YOU TO COURT TODAY ANY ARTICLES THAT SUPPORT THIS “ROUGH CORRELATION” ?
• YOU DID NOT BRING ANY SUCH ARTICLES DID YOU?
• DO YOU HAVE CAMPBELL’S ORTHOPAEDICS IN YOUR OFFICE?
• HAVE YOU READ THE CASE STUDY IN THERE ON THIS ISSUE?
• HAVE YOU READ THE SEMINAL UCLA RETROSPECTIVE STUDY ON THIS ISSUE?

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