Sentences with phrase «independent medical exam»

If you ever get involved in a car accident injury claim you may be asked by an insurance company to attend a «independent medical exam.»

Reasons for judgement were released this week by the BC Supreme Court, Victoria Registry, dismissing an application for an independent medical exam noting the Defendant's could have obtained the sought information through the discovery process.

When advancing an Injury Claim in the BC Supreme Court the Defendant's are entitled to send the injured plaintiff to an independent medical exam or exams in order to «level the playing field».

The auto insurance companies will require you to go through an «independent medical exam» by a doctor who works for them.

One of those strategies is the use of an «independent medical exam.»

Refusing to agree to an independent medical exam or to provide your medical records to the insurance company without speaking with your attorney first.

In a case released last week the Court reached a seemingly opposite result with a finding that an independent medical exam can be compelled to allow a Defendant to obtain a responding report in a personal injury claim.

In the course of the lawsuit the Defendant arranged for an independent medical exam of the Plaintiff.

Although there are conflicting authorities on the subject in British Columbia, reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, finding it is not appropriate for a Court to order a Plaintiff to sign a «consent» form when attending a court ordered independent medical exam.

It had even arranged for an independent medical exam by an outside doctor, who confirmed her «disabling degree of pain.»

By sending the injured plaintiff for an independent medical exam, the insurance company hopes to minimize its exposure and lessen the amount of the injured plaintiff's damages.

They can do this in one of 2 ways, either pursuant to the Insurance (Vehicle) Regulation which allows ICBC to set up an Independent Medical Exam for any «insured» seeking no - fault benefits, or under the Supreme Court Rules where the Defendant has the right to «balance the playing field» by obtaining an independent medical exam in many circumstances.

Useful reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, discussing the scope of litigation privilege when a Plaintiff attends an independent medical exam arranged on their behalf in the course of a personal injury lawsuit.

Tags: bc injury law, Hewitt v. Buell, independent medical exams, Interpretation Act, medical practitioners, Rule 1, Rule 1 - 1, Rule 1 - 1 (2), Rule 7, Rule 7 - 6, Rule 7 - 6 (1), section 29 interpretation act Posted in BCSC Civil Rule 1, BCSC Civil Rule 7, independent medical exams, Uncategorized Direct Link Comments Off top ^

Tags: bc injury law, Breberin v. Santos, Mr. Justice Willcock, Rule 7, Rule 7 - 6, Rule 7 - 6 (1) Posted in BCSC Civil Rule 7, independent medical exams, Uncategorized Direct Link Comments Off top ^

Master Taylor dismissed the application finding that the notes generated during Plaintiff arranged independent medical exams are subject to litigation privilege.

Tags: bc injury law, Lanteigne v. Brkopac, litigation privilege, master taylor, privilege, Rule 1, Rule 1 - 3 Posted in BCSC Civil Rule 1, independent medical exams, Uncategorized Direct Link Comments Off top ^

Tags: bc injury law, independent medical exams, Lamontage v. Adams, Madam Justice Dillon, Madam Justice Russell, Master McCallum, multiple independent medical exams, part 7 exams, Robertson v. Grist, Rule 7, Rule 7 - 6, Rule 7 - 6 (1), tort exams Posted in BCSC Civil Rule 7, independent medical exams Direct Link Comments Off top ^

This entry was posted on Monday, August 22nd, 2011 at 6:57 am and is filed under BCSC Civil Rule 7, independent medical exams, Uncategorized.

Independent medical exams (also known as IME's) are a tool often used by insurance companies when an injured plaintiff is claiming permanent injuries and damages.

Independent medical exams are not designed to be helpful to injured plaintiffs.

Tags: bc injury law, Defence Medical Exams, DME, expert evidence, expert reports, ime, independent medical exams, Mr. Justice Savage, rebuttal evidence, Rebuttal Reports, responsive evidence, Responsive Reports, Rule 11, Rule 11 - 6 (4), Rule 7 - 6 (1), Wright v. Brauer Posted in BCSC Civil Rule 11, BCSC Civil Rule 7, independent medical exams, Uncategorized Direct Link Comments Off top ^

Reasons for judgement were released today considering this concept in relation to ICBC's request for multiple independent medical exams in an injury lawsuit.

This entry was posted on Monday, October 4th, 2010 at 2:22 pm and is filed under BCSC Civil Rule 1, BCSC Civil Rule 7, independent medical exams, Uncategorized.

Further to my previous posts about Independent Medical Exams in BC Supreme Court Injury Claims unpublished reasons for judgement recently came to my attention (Hou v. Kirmani BCSC Vancouver Registry, 20091119) dealing with the ability for a Defendant to have an injured party undergo multiple exams where the first defence expert feels an opinion from a second expert would be of benefit.

Tags: bc injury law, DME, ime, Kim v. Lin, Mr. Justice Voith, multiple defence medical exams, multiple independent medical exams, Proportionality, Rule 1 - 3 (2), Rule 7 - 6 (1)

In reaching this decision the Court considered the role that proportionality plays when a defendant asks a plaintiff to attend multiple independent medical exams.

From medical malpractice to Independent Medical Exams (IME's) to personal injury, ELITE has your case covered.

As with judicial precedents developed under the former rules, I expect there will be some seemingly inconsistent judgements dealing with the issue of independent medical exams under the current rules and eventually the BC Court of Appeal will likely weigh in on the issue to bring some clarity to the law.

Tags: bc injury law, expert reports, independent medical exams, Luedecke v. Hillman, Mr. Justice Cullen, rebuttal evidence, responding reports, responsive evidence, Rule 11, Rule 11 - 6 (4), Rule 7 - 6 (1) Posted in BCSC Civil Rule 11, BCSC Civil Rule 7, independent medical exams, Uncategorized Direct Link Comments Off top ^

It looks like the insurance companies in Maryland workers» compensation cases want to end run any battles over anything and everything related to independent medical exams.

Tags: Arbitrator Yule, bc injury law, G v. ICBC, Rule 7, Rule 7 - 6, Rule 7 - 6 (1), Rule 7 - 6 (2) Posted in BCSC Civil Rule 7, ICBC UMP Cases, independent medical exams, Uncategorized Direct Link Comments Off top ^

Independent medical exams are granted to ensure «a reasonable equality between the parties in the preparation of a case for trial»; reasonable equality does not mean that a defendant should be able to match expert for expert or report for report;

Reasons for judgement were released today (Critchley v. McDiarmid) by Mr. Justice Burnyeat of the BC Supreme Court clarifying the law as it relates to late applications for independent medical exams.

Tags: Master Keighley, part 7 medical exams, Rathgeber v. Freeman, Rule 7, Rule 7 - 6, Rule 7 - 6 (1), Rule 7 - 6 (2), subsequent medical exams Posted in BCSC Civil Rule 7, independent medical exams, Uncategorized Direct Link Comments Off top ^

Tags: bc injury law, Litt v. Guo, Madam Justice Fenlon, multiple defence medical exams, Rule 7, Rule 7 - 6, Rule 7 - 6 (1), Rule 7 - 6 (2), subsequent medical exams Posted in BCSC Civil Rule 7, independent medical exams, Uncategorized Direct Link Comments Off top ^

Tags: Foster v. Chandel, Master Bouck, Rule 7, Rule 7 - 6, Rule 7 - 6 (1), Rule 7 - 6 (2), subsequent medical exams Posted in BCSC Civil Rule 7, independent medical exams Direct Link Comments Off top ^

Tags: bc injury law, Dillon v. Montgomery, indepenent medical exams, Master Baker, Master Bouck, Rule 7, Rule 7 - 6, Rule 7 - 6 (1), Rule 7 - 6 (2), subsequent medical exams Posted in BCSC Civil Rule 7, independent medical exams, Uncategorized Direct Link Comments Off top ^

Not exact matches

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Further to my post discussing court ordered medical exams and travel, I've recently had the opportunity to review whether the current Supreme Court Rules place limits on Court ordered travel for independent medical examinations.

As previously discussed, ICBC can typically arrange an «independent» medical exam (IME) in one of two ways.

The term «independent» medical exam is actually a misnomer.

Earlier this month I discussed a case dismissing a defence application for an «independent» medical exam where the Plaintiff already attended an ICBC arranged medical examination.

As previously discussed, when a Defendant is insured with ICBC their ability to set up an «independent «medical exam can be compromised if ICBC exercised their rights to have the Plaintiff examined under section 99 of the Insurance (Vehicle) Regulation and if that exam went beyond what was required for a «part 7 ′ opinion.

In our practice handling serious car accident cases, we regularly spar with insurance companies over the conditions for «independent» medical exams where an insurance company hires a doctor — usually a doctor they have paid hundreds of thousands of dollars to over the years — to testify for them.

The workers compensation insurance company is allowed to order an IME (or 2 or even 3) for several different reasons but, basically, an IME is in exam by an independent medical doctor.

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