Upset With Attorney Over IME

[Bummer Knees]

On another thread I posted last week I had an IME appointment.
The wc judge sent me to this appointment with the purpose being to determine if the wc injury aggaravated, accelerated or intensified the pre-existing condition of my knees.

After meniscus surgery two years ago, I learned I have DJD.

At this appointment when the doctor entered the room he told me he had none of my medical records. I offered to let him read and copy my medical records I had with me and he refused, he said I will read them when they come in. The doctor examined me and asked a ton of questions and then the appointment was over.

After leaving the appointment I re-read the judge's order and called my attorney.

The court order reads:
The attorneys of record are to sign a joint letter of transmital in the examining physican containing all records the parties have agreed to provide the physican.

When I questioned my attorney about the lack of medical records his comment was; Yea, I am suppose to get together with the other attorney and decide what medical records to send the doctor, it will get done. I then reminded him that we have a court hearing Nov 29th.

Is this a common practice with IMEs?

At this point I am not very happy with my attorney, just dosen't seem very professional.

Is this going to blow the opportunity for me to recieve the medical treatment I have waited two years for.

Any suggestions?

[lfoster21]

I am so sorry that you are going through all of this. The only thing that I can tell you is that at my first IME appnt. the Dr. said there was nothing he could do, as far as making a Dx., until he had my films. (I was given the appnt. date just a few days prior to the appnt. and had no time to get any of my films for him). When he said that, I asked if he wanted me to get them and bring them back to his office and he said "no, you shouldn't have to do that. If they [the i/c] want me to make a dx. to help them, they should have to do the work. If they don't get them to me, I can't help them. So don't you worry about it." He made it sound like it was not going to hurt me and in fact it may help me, for him not to be able to make a dx. for the i/c. My appnt. was also, just a few mins. long before I was out of there.

Little did I know, he turned right around and wrote his report stating that w/o the films, he could not make a firm Dx. but from his observation of me at his office, he could not see how I needed the surgery that was being requested.

A year later, they did the same thing and told me to go see him for a 2nd IME the day before the appnt. That time I insisted that I would get my films and bring them to him. I did that and when I dropped off the films, the nurse told me to call in a few days and I could pick them up after he had viewed them. I did that and after 2 wees of calling and not hearing back from them, my lawyer called and they said they had the films and were waiting for me to come by. I did that and don't you know, the Drs. report stated that I only brought him my films from 2 years ago and he still could not agree with surgery, if he did not have my most recent films. (What I dropped off to his office were both the recent and the older films so he could compare them and both were put back into 1 envelope, so I know he saw and read both copies or they would have been still in 2 different envelopes).

Bottom line from my experiences, they don't want any reports that would suggest you need the procedures that your Dr. is requesting...because that would mean they would have to either out right lie and say the reports don't show the need (or in my case, that they never saw the report, when you know they did) or they will have to agree with your Dr. and the i/c will soon fire them from doing their IME's anymore.

I would also keep on top of your lawyer and make sure they do what they need to do. I call my lawyer every month or so just to check up on things and see if there is anything I can do to help. I sometimes make up a reason to call, just so my name is on the front burners. Do you get a copy of everything they recieve or send? You should and in VA, it is the law that all parties get copies of any correspondense between the i/c, lawyers and the state w/c agency.

Good luck and I wish you the best.

[Pooh]

BK

You did the right thing is taking your reports with you, please when you go to court make mention of that and when asked tell the judge that the doctor refused to copy your records as he was waiting on them from the attorneys. It might make your attorney look bad, but also makes the IC attorney look bad because the doctor didn't have the records at the time of the appointment.

I know the IME I went for the doctor wanted a chance to go over my medical records at least a couple of weeks prior to seeing me so he was somewhat familar with my history. Each IME doctor is different. That is all I can say.

[Lilly]

BK,
This is so sad....and has to be infuriating for you on top of all your injuries. I'd be po'd at the lawyer too. But lawyers play games with other lawyers...and possibly he has a method behind his madness.
What is sadder...is what Foster has stated. The doc's side with the IC because they don't want to loose out on future IME payments. How can a doctor with any type of conscience or professional ethics, do such an act to an injured human being? It is downright "scary" !
Lilly (((hugs and prayers to you BK)))

[Still in Limbo]

Hi Bummer!! I'm Sorry You had to go through this, but this is the Surreal Life Inside this World Called W/C! As Bad Boy has said before, and I Agree with Him Wholeheartedly, If at All Possible, and I know You don't have Much Time, try and get a Second IME from a Dr. You and/or Your Attorney Trusts. If You could do this, it May be given More Credibility than the Trumped Up One You just had! It May Cost a Few Bucks, but in the Long Run be much Better for You, and Well Worth the Money! Just a thought, and Have a Great Day!!

[Bummer Knees]

If I had the family doctor I see also an osteopath do the IME would this be reconized in court?

This is a doctor that has provided medical care for me since 1991.

If not what type of doctor do I need to see to do the IME?

Thank you,
Bummer Knees

[Spring]

Bummer...Sorry to continue to read of all your troubles. But I see this as it falls at the fault of your Attorney. I would be on him daily to get with the other Attorney and get the needed medical records to this Dr. And if he can't get with the other Attorney he needs to atleast get some medical records to this Dr...with a letter of explanation of what is the hold up. So your side don't look it didn't do what was ordered by the judge. Heck...I would be even asking my Attorney if I need to send the medical records for him. Bummer do you get a copy of everything that that is going to your Attorney in regards to your case. From the beginning of me getting an Attorney I requested that I get a copy of everything that involves my case. So I would of known that my attorney was to get with the other attorney and get my medical records to the IME Dr. And I would of been asking my Attorney before I went if he that done. Bummer sounds like you are going to have to get real involved with your case...take charge. Hope it does all work out for you.

I have been lucky so far...my Attorney has been on top of things. The reason I wanted copies of everything involving my case....was someone here guided me that direction. And I do thing when someone is hiring an Attorney it does show the Attorney that you will be involved and also watching them to make sure all is being done. I do treat me Attorney with respect and thank him often for all he has done for my case. Just wish everyone had a great attorney.

[Pooh]

Bummer

You would need to see an orthopedic doctor that specializes in backs and knees or general orthopedics if you get an IME done on your own.

As far as your back goes the osteopath may be able to handle that question about the mechanics of the body and how your knees not working properly affects the muscular skeleton system of the spine.

[Bummer Knees]

Thank you everyone for the responses.

I called my attorney today and have an appointment with him Wed.
his secretary was extra nice on the phone to me.

At the IME appointment I remember the doctor asking several question.
He wanted to know why I continued to work with the injury without recieving medical treatment and I told him work never sent me to a doctor and when I saw a doctor two weeks after the injury it was an appointment I made not my employer.

He also asked why it took 4 1/2 months before I had surgery to repair the meniscus. He also asked if I had any shots, knee brace or any other treatments for my left knee which I have not.

Next, he asked why it took 14 months before I had meniscus surgery of the right knee.

This IME was to determine if the injury aggervated or accelerated the DJD of my knees.

Don't know what to think of this.

[Lilly]

Seems to me bummer, that doc was simply wondering "Why?" on earth, if you were injured and in pain.... would there be such a delay in treatment time? Possibly he's new the WC world...and doesn't realise that they (IC/WC) usually don't get you help in a timely manner. Sounds like he was just curious if all avenues for treatment was tried.
Lilly