The impact of independent medical exams in a Columbia medical malpractice case can be significant. These evaluations serve multiple roles in confirming the cause and nature of your injury in a claim against a negligent healthcare provider.
Our skilled medical malpractice attorneys at Whetstone Perkins & Fulda have extensive experience working with independent medical examiners to support compensation claims. We could help you learn more about how independent medical exams can impact your malpractice case. Contact us today to begin.
What Is an Independent Medical Exam?
An independent medical exam is an evaluation by a licensed physician aimed at obtaining an objective opinion regarding your physical or mental health condition. Independent medical exams can substantially impact outcomes in Columbia health care negligence cases.
The physician who performs the exam will be someone with whom you do not already have a doctor-patient relationship. This is important for maintaining objectivity and avoiding potential conflicts of interest in the findings. The scope of the exam depends on the nature of the claim, but may include a doctor’s opinion regarding:
- The diagnosis of a medical condition
- Whether a healthcare provider failed to meet the required standard of care
- Whether a breach in the standard of care caused the patient’s medical condition
- The extent to which medical malpractice affected the patient’s prognosis
- Any limitations or effects the medical condition may have on the patient’s work or life
You will likely need an independent medical exam at several stages of a medical malpractice case. A prerequisite for filing a medical malpractice claim pursuant to South Carolina Code § 15-79-125 is a signed affidavit from a medical expert witness. The medical expert must have a good faith and reasonable basis for attesting to the likelihood of medical malpractice. Our lawyers work with experienced medical experts who can review your medical file and provide an objective evaluation of whether medical malpractice occurred in your care.
During a malpractice case, a court may also order an independent medical exam upon a party’s request pursuant to Civil Procedure Rule 35. This exam may be necessary to settle disputes about the extent of a plaintiff’s injury or in cases where the amount in controversy exceeds $100,000 in actual damages. The court has the authority to select the physician who will perform the medical exam if the parties cannot agree.
How an Independent Medical Exam Can Impact Your Medical Malpractice Case
An independent medical exam can influence your Columbia medical malpractice case in two important ways. First, it can help establish a cause-and-effect relationship between your doctor’s malpractice and your diminished health, which is necessary to recover compensation for damages. Second, an independent medical exam can assess the effect an injury from medical negligence will have on your life. Depending on the severity of the injury, you may be entitled to damages such as:
- Lost income or wages from being unable to work
- Medical care costs
- Pain and suffering
- Diminished quality or enjoyment of life
- Loss of companionship
An independent medical examiner can confirm conditions resulting in permanent disability or impairment and provide an opinion on how your condition will likely affect your life moving forward.
Consult With Our Columbia Attorneys About the Impact of Independent Medical Evaluations in Malpractice Claims
We cannot overstate the impact of independent medical exams in a Columbia medical malpractice case. Our lawyers at Whetstone Perkins & Fulda could help you navigate key issues related to these exams, including selecting an examiner and outlining the scope of your evaluation. Contact our office today to schedule a free consultation regarding a medical malpractice claim.
