Medical Examination Requirements
You have been asked to go to a medical examination as part of the legal action you are taking. The details below will assist you understand the examination and your part in it.
Purpose
The examination aims:
- To find out what injury or medical condition you have and what caused it ;
- To find out if your condition is caused by an accident or by your working conditions ; and
- To find out if an accident or your work has aggravated some underlying condition;
Who Arranges the Examination
The examination has been arranged by your lawyer or by one of the other parties to the legal action. This could be your employer, the insurance company or a lawyer acting for one of the other parties. You have the right to know who has arranged the examination, and you may ask your lawyer or the doctor who carries out the examination.
A report will be sent from the doctor to the person who has arranged the examination. That person pays the doctor for the report. The report will be confidential and the doctor will not be able to give you his opinion about your condition or about any treatment you have had.
About the Doctor
The doctor is a specialist who is generally an expert in diagnosing and advising about conditions such as yours. He or she is usually not an employee of an insurance company or legal firm but a privately or self employed doctor who often runs a busy medical or surgical practice. The doctor will write a report based on what he learns from you, and your cooperation will be most important. The doctor's report will be independent, that is they will be saying exactly what he or she thinks about your condition and not aiming to be for or against any side in the legal case.
The Report
This will be sent to the person who has arranged the examination and who has paid for it. The report could be used in determining the outcome of your claim. It becomes a legal document and could be used as evidence in court.
The Examination
The examination has several parts. The doctor's secretary will ask you to give some routine particulars.
The doctor will then introduce themself and try to put you at ease. An interpreter may be needed. By mutual agreement with the doctor you may wish to have a friend or relative with you, but that person should not interrupt or interfere with the examination.
The doctor will ask you about your work history. He or she will ask you about the accident or circumstances that caused your injury or condition. They will also ask you about the treatment you have had and about the injury or condition affecting you now. The doctor will ask you about your past medical history. Their questions may be wide ranging and not just about the body part that has been injured.
They will examine your x rays and other investigations.
They will carry out a physical examination. He or she will explain or demonstrate what they want you to do. They will examine the injured parts of your body and possibly other parts of your body as well. The examination may involve measuring height and weight, the movement of various joints and reflexes.
Every Consideration Will Be Given
The doctor will be looking forward to examining you in a pleasant and polite manner. In the physical examination the doctor will not hurt you. They will not expect you to do anything that would cause pain.
A complex medical history may take an hour or so, but many examinations are over in half that time. The doctor will be aiming to let you go as soon as possible.
How Can You Help?
Be punctual. The doctor will try and be punctual too, but remember that doctors sometimes have to deal with urgent matters. It is best to turn off your mobile phone.
Be pleasant to the doctor. Particularly if the examination has been arranged by the other side, remember that the doctor will be giving an independent report. No one benefits from an unpleasant atmosphere. A hostile attitude might mean deferral or termination of the examination.
Be prepared if possible with important dates and names. Don't be worried if you cannot remember - the doctor simply wants your best recollection.
Be honest and straightforward with your answers, even if you think that the questions are not closely related to your main problem.
Wear clothes that are suitable. For example, if your back is to be examined it is usual for outer clothing to be removed. It is never necessary to fully disrobe a patient. Modesty will be considered at all times, but an adequate examination requires adequate exposure. The doctor's report may mention the fact if a patient is unwilling to undress sufficiently for adequate examination.
What If There Are Problems During The Examination
If the doctor asks you to do something that would cause pain, then tell him or her. But don't forget that the doctor is expecting your best co-operation during the examination.
If you believe there is a complete breakdown in your relationship with the doctor, then you may choose to tell him or her and leave the examination. However if you do, you may be liable for the cost of the examination and report. If you are in doubt about something, a quick phonecall to your lawyer may help.
Repeat Examinations
Sometimes legal cases go on for a long time. Repeat examinations are arranged so that the doctor can report on your progress. The doctor has no say about whether the case is resolved or whether you get compensation - he simply reports on your condition.
IMPORTANT NOTE
Due to recent changes in Government legislation relevant to advertising services provided by Queensland & New South Wales law firms, this website and all of the information contained within it, is provided for assistance to residents and/or injury claimants across Australia (excluding Queensland & NSW).We sincerely apologise for any inconvenience caused by these changes.
If you have any further questions that have not been answered in the above process, you should contact your lawyer for clarification prior to the scheduled examination.
The above guidelines have been provided courtesy of the Australian Medical Association [AMA] in conjunction with Law Societies of Australia.