SKU: BI3009 Category:

Agreement for Medical Examination of Plaintiff

“Don't lose rights — gain advantages — when the defendant asks for a medical examination of your personal injury client.”

If you are a plaintiff's attorney, you probably have run into requests for a physical examination of the plaintiff. Do not just agree to such a request without bargaining for what you will get in return. Even though no court order is involved, you need the protection of many of the items a court would include in its order.

Send the defense lawyer our Agreement for Medical Examination. Our Agreement for Medical Examinations will do these things for you.

  • Gain full payment for all the expenses of the plaintiff in the examination, with a time deadline for payment and court enforcement. (Typically, unless you have these contractual and court enforcement clauses, the defense argues about which items they have to pay or refuses to pay until after a trial.)
  • Make the defense give up their right to ask for an examination under the rules of civil procedure. (A typical defense trick after your plaintiff has undergone a medical examination by agreement early in the case is just before trial to ask the court for their rule-given right to have a medical exam under the rule.)
  • Specify more information that you will get in return for your allowing the exam without a motion and court order. The Federal Rule 35, and similar state rules only allow you to get the “report” of the doctor. You want more than the report the rules allow you. You also want everything the examining doctor looked at, whether or not he/she notes it in the report.

    Get these additional documents and tests “for free” by asking the defense for them as a condition of your permission for them to bypass a court motion. Get advantages to you as a condition of your freeing the defense from the motion they would have to make to get a physical examination of your client.

    Our form gets you a copy of everything the defense doctor looks at, plus a detailed report. You are forewarned of a mousetrap (e.g., the doctor had the plaintiff undergo an x-ray by another physician, and looked at the report). Plus, if you have the agreement that you have everything the defense doctor looked at to come to his/her conclusion, you may not have to take the deposition of the adverse doctor to be prepared to cross-exam her at trial.

  • Set time deadlines for the examination to be done. (Avoid the defense examination suddenly being done two days before trial, and after the close of court ordered discovery, when you cannot depose the examining doctor – another defense trick if you simply agree to their request for “an IME of your client”.)
  • Identify for the record that the defense physical examination as not being by an “Independent” medical examiner, but rather by a “Defense” medical examiner (that’s important when you get to trial, and the defense starts to tell the jury the “independent” medical examiner will testify.)
  • Identify and specify the doctor they can use. (When you know the name you can do the research to find out if they are having a defense hack do the exam, and refuse to agree to that doctor. In addition, if you do not specify the doctor, you might find they run your plaintiff through a half-dozen defense doctors of different specialties.)

What if I could hand you that form? And relieve you of a chunk of agreement preparation time? And what if this simple item would be easy and inexpensive to buy?

Here is the good news! Our Agreement for Medical Examination costs less than $19. That is a lot less than the cost of your time in drafting an agreement by yourself.

You are in a good bargaining position to get a little more for your client. The defendant usually is willing to provide you some extra items, to avoid the time expenditure, the passage of time, and the money involved in their getting a court order if you do not voluntarily agree to the so-called “independent medical examination”. Use the power of your bargaining position.

Like all our LawyerTrialForms.com checklists, systems, and forms — Agreement for Medical Examination gives you a mentor’s experience in litigation.

Don’t miss out on what you can do quickly. Don’t miss out on getting better results and still saving time. Find out why we have customers across the country!

Let me recap…

  • Agreement for Medical Examination gives you a checklist of the items you should be requesting to prevent later difficulties for you, and gain you an advantage.
  • Agreement for Medical Examination is an easy to use tool.
  • Agreement for Medical Examination is your mentor in a box.
  • Agreement for Medical Examination is a low investment with a high value return.

Agreement for Medical Examination is a very low investment with a high value return. Attorneys who are using my system right now are saving themselves “should have” thoughts after an IME of their client.

All The Best,
Leonard H. Bucklin
Leonard Bucklin, Civil Trial Attorney


SKU: BI3009 Category: