Defense medical exams
Before this happened, the dumbest thing I ever witnessed in a defense medical exam, was one of the doctors falling asleep.
It was a two doctor panel exam. While the orthopedist was taking a history, the neurologist was reading a political thriller. I thought that was bad enough until midway through. His head was nodding and then jerking forward. Like a puppet on a string held by Mr. Sandman. Until he gave in. Chin coming to rest on his chest. At least he didn’t snore.
I saved this lovely tidbit of information for the perfect moment in mediation. And it worked.
Sleeping during a medical examination is pretty awful. But at least it isn’t consciously awful.
The latest dumbest antic involves a defense neuropsychologist.
Oh, there was hooting and hollering by the defense in setting this thing up. They agreed to an observer. Then when the observer showed up, they said she couldn’t stay for the testing part of the exam. But they had forgotten to mention this before. And there was a court order not mentioning it either. The doctor refused to proceed. Phone calls flew back and forth. Ultimately his Highness got his way. The observer was not allowed into the room during the testing phase. And the defense should have been gleeful. But they hadn’t counted on what their doctor did next.
What did he do after strutting around proclaiming the sanctity of the secret neuropsychologist testing society. Why, he sent our client home with her unfinished test. Told her to finish it. And mail it back.
Photo: Panel exam trial exhibit from a different case. These doctors didn’t fall asleep. They just chose to ignore what the plaintiff had to say.