Doctors Hired by Insurance Co's May Be Sued for Malpractice During IME's

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Doctor Hired by Insurance Company to Perform Independent Medical Examination

for Automobile Accident Case May Be Sued for Malpractice During Exam

An independent medical examiner hired by an insurance company to perform an

examination on an auto accident victim may be sued if his examination causes

further injury, according to the Supreme Court of Virginia in a case decided

January 13, 2006.

A Newport News, VA, woman alleged that Kreutzer, a clinical

psychologist caused further injury to her when he conducted an examination to

evaluate her claim that she suffered a brain injury in a 1991 automobile

accident. The court ruled that a Newport News Judge improperly dismissed her

claim

that alleged that she was “verbally abused†and accused of being a “faker

and malingerer†by Kreutzer.

“While this is the first time that this issue has been addressed in

Virginia, every court that has addressed the issue has found that there is a

duty of

care owed by the health care provider in this situation. They are not immune

from suit just because the examination is done in the context of litigation,â€

says W. Glass, III, a Fairfax, Virginia medical malpractice and

personal injury attorney. “While the claim of injury during an independent

medical examination is rare, this is a commonsense rule which protects the

claimant

should further injury arise due to the doctor’s malpractice,†Glass said.

The court ruled that the doctor’s duty of care extends only to the

examination itself, and that he cannot be sued if he fails to diagnose or treat

a

condition, nor may he be sued for what he says in his report or in his

testimony.

The woman, J. , recovered over $413, 000 in her automobile

accident case. Her medical malpractice trial against Dr. Kreutzer will now be

sent

back to Newport News for trial.

Mr. Glass is a medical malpractice and personal injury attorney in Fairfax,

VA.. The Supreme Court case is v. Kreutzer, No. 050715.

# # #

January 13, 2006

NANCY J. HARRIS v. JEFFREY SCOTT KREUTZER, Ph. D.

Record No. 050715

FROM THE CIRCUIT COURT OF THE CITY OF NEWPORT NEWS OPINION BY JUSTICE G.

STEVEN AGEE