At some point in most New Jersey injury lawsuits, the defense will ask you to be examined by a doctor of its choosing. It's called an "independent medical examination," but it isn't independent. The doctor is hired and paid by the defense. Knowing how these exams work, and how to handle one, protects your case.
Why the defense can require it
When your physical or mental condition is at issue in a lawsuit, New Jersey Court Rule 4:19 allows the defense to require an examination by a physician or other qualified professional. In auto cases, PIP carriers can also require exams as part of their own claims process. Refusing a properly scheduled exam can lead to sanctions or the court ordering you to attend.
What the exam is (and isn't)
A defense medical exam is not treatment. The doctor won't treat you and doesn't have a doctor-patient relationship with you. The exam is usually short, often much shorter than a visit with your own doctor. Afterward, the doctor writes a report for the defense, which typically argues that your injuries are minor, already healed, unrelated to the accident, or caused by a pre-existing condition.
Your rights in New Jersey
- You may bring someone with you. In B.D. v. Carley, 307 N.J. Super. 259 (App. Div. 1998), the Appellate Division recognized that a plaintiff may have their attorney or another representative present during a defense medical examination, and may record it. Courts can set limits in specific cases.
- Reasonable scope. The exam should be limited to the injuries in the case. It shouldn't involve painful or invasive testing.
- A copy of the report. The defense must provide its expert's report through discovery.
How to prepare
- Talk to your lawyer first. Go over what to expect and what's off-limits.
- Be on time, and note the time you were taken in and how long the doctor actually spent with you.
- Be honest and consistent. Describe your symptoms the same way you have to your own doctors. Don't exaggerate and don't minimize.
- Don't discuss fault or how the accident happened beyond what's needed.
- Assume you're being observed from the moment you arrive, including the parking lot and the waiting room.
- Don't push through pain to perform a movement. Tell the doctor when something hurts and stop.
- Write down everything afterward: what was tested, what you were asked, and how long it lasted.
When the report says you're fine
Defense medical reports are expected. Juries hear from your treating doctors, who examined you many times, and from the defense doctor, who examined you once. Your lawyer can cross-examine the defense doctor about how much of their income comes from defense exams, how short the exam was, and what records they did or didn't review. Imaging such as MRIs and EMG studies is objective evidence that a brief exam can't erase.
Why treating doctors matter
The best counterweight to a defense exam is a well-documented treatment history: consistent visits, objective tests, and a treating doctor willing to explain the injury and its permanency. That's also what's needed for the verbal threshold.
Where the exam fits in the lawsuit
Defense exams usually happen during discovery, after records are exchanged and often after depositions. See the steps in a New Jersey injury lawsuit.