In New York Labor Law litigation, independent medical examinations are critical tools for evaluating the nature, extent, and cause of a claimant’s alleged injuries. A well-planned examination may assist defense counsel in assessing claimed limitations, future treatment, disability, and the relationship between the accident and the medical conditions at issue.
Scott A. Brody and the attorneys at Brody Law Group, PLLC approach the examination process by first conducting a thorough review of the claimant’s allegations and treatment history. Medical records, diagnostic imaging, operative reports, prior accident records, deposition testimony, and claimed restrictions are evaluated before selecting an appropriate examining physician.
The expert’s specialty should correspond to the injuries being claimed. Depending on the case, examinations may involve orthopedists, neurologists, neurosurgeons, pain-management physicians, psychiatrists, or other specialists. Providing the physician with an organized record set and a clear explanation of the disputed issues helps produce a focused, useful report.
Scott A. Brody recognizes that timing is also important. The firm utilizes all tools available through the CPLR to ensure all defenses are raised at the appropriate junctures. Cases involving scheduled procedures may require careful consideration of whether examinations should occur before and after surgery. A strong medical report explains the records reviewed, examination findings, objective testing, diagnoses, causation opinions, functional limitations, prognosis, and need for future care.
Brody Law Group evaluates examination findings alongside testimony, surveillance, employment records, pharmacy records, and other damages evidence. The objective is not merely to obtain a report, but to develop a reliable medical assessment that informs litigation strategy. Scott A. Brody remains focused on using qualified experts and comprehensive preparation to help clients and insurance carriers evaluate claimed injuries, potential exposure, and appropriate resolution strategies.