I brought my sister in the room after they tried to refuse me that, only a few tests done, doctor states multiple things on the report which I was never asked or said. I'm now a dentist so I know my jaw and neck problems are related to the car accident. He completely dismissed any dental exam results. Doctor claims issues are related to dental school..however I was in my first year and not treating any patients when this all started. A neurologist offered to examine me for free after I told him I was sent to this doctor for an IME. Can I threaten a lawsuit?
You should give the adverse medical report to your treating doctor/dentist and have them issue a rebuttal report. Either you, or they, can submit same to the insurance adjuster for consideration/reversal of their denial. If they do not reverse their decision you can either ask the State Insurance Commissioner to intervene, sue the insurer in Small Claims Court if your claim doesn't exceed the jurisdictional amount or hire a lawyer to sue the insurer. This is if your claim is a PIP claim for No-Fault Benefits due to a motor vehicle collision (which I presume it is given where posted). Good luck.
Since you were denied additional treatment, I assume that this is somehow worker compensation related? If so, you need a work comp lawyer. If not, speak with a local personal injury lawyer. Also, they it was not an IME. IME stands for independent medical exam… there is nothing independent about them. Get a lawyer.. asap.
Since you listed this as an auto accident question, I assume you are looking for Michigan no-fault insurance to pay for your treatment. Under your auto policy and state law, the insurer is entitled to have an physical examination with a doctor of its choosing. The insurers do this to get what they call an "independent" exam, but it is an effort to close out your claim. You can threaten, but it likely won't help. You can provide a report from your treater contesting the insurance exam, but that likely won't help either. Find an experienced attorney who handles Michigan no-fault insurance claims.
Unfortunately, you have not told us the circumstances under which you were asked to undergo an IME. I suggest you discuss these issues with a personal injury attorney in your area. You should be able to arrange a free consultation.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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