Can I Be Forced to Undergo Treatment to Prove My Injury Lawsuit?
An accident can bring with it unexpected injuries, and your life may grind to a halt as you determine what steps to take next in order to pursue justice. Personal injury lawyers exist for this very reason, and they are there for you to ensure you get the justice and compensation you deserve when the accident was caused by a negligent party.
The process of seeking compensation will, however, require that you undergo medical assessment by a physician chosen by the defendant’s legal team or insurance company, and many people worry about this process as they often ask us – “Will I be forced to undergo any invasive medical procedures in order to prove my personal injury claim?” This is an understandably reasonable concern that many may grapple with and even use as a basis for not seeking legal assistance.
At McCready Law, we recognize and understand these anxieties and aim to address these questions in a comprehensive manner so you can make informed decisions regarding your legal journey so you can pick your life up and continue on after getting the compensation you truly deserve – read on to find out how exactly we do this.
Are you looking for the best countrywide injury lawyer? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury lawyers at McCready Law bring to the table over 90 YEARS of stellar legal experience where we’ve helped tens of thousands of injured individuals seek compensation after getting injured by the negligent actions of other individuals or large corporations.
Over the decades, we’ve been able to recover over $260 million in compensation for our clients and counting, and our massive success can be attributed to a number of factors such as personally handling all claims from start to finish; by contrast, most law firms simply hand over claims to legal assistants or paralegals who may not have the litigation or case law experience to assess and process a claim, something you will find in most law firms who favor processing claims fast at the expense of the client and the outcome.
We also work with top, nationwide experts in the medical, forensic science, accident reconstruction, and accounting fields to come up with a case replete with objective evidence that demonstrates causality or fault that can stand up to scrutiny, helping raise the chances of you getting the maximum allowable compensation by law. We’re also not afraid to litigate, having experience in the same as well as the resources and expertise to take a case to court and win – other law firms simply engage the insurance company in fast negotiations, which usually end in the client getting shortchanged and receiving a paltry settlement.
In addition to running a bilingual firm (hablamos Español), we take on all claims on contingency fee basis, and what this means is that there are ZERO UPFRONT FEES for the duration of the processing of the claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If you or a loved one got injured due to the negligent actions of another party, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by.
Can You Be Forced to Undergo a Medical Procedure After an Injury?
The United States was founded under common law tenets, which is an important distinction as this provides individuals with personal physical agency and control over their bodies. This essentially means that no one can force you to undergo any procedure without your consent, as this will be in contravention of your inalienable rights.
You cannot be coerced or pressured to accept any medical treatment, even in the context of a personal injury lawsuit, and this includes things like surgeries, injections, diagnostic tests, and so on, regardless of whether it was recommended by the other side or your own treating physician. Informed decision is sacrosanct and cannot be taken away from you at any time.
The Role of Medical Evidence in a Personal Injury Claim
Having said that, medical evidence plays a central, if not the most important role in your personal injury claim.
Here are the main reasons why:
- Medical records such as diagnostic images like CT scans, X-rays, and so on, objectively confirm the nature and severity of your injuries
- Medical evidence is a crucial part of causation as it links your injuries directly to the incident or accident caused by the negligence of the defendant. Without this medical evidence, causation cannot be inferred, and your case may be made null and void
- Medical evidence also serves the important role of being able to quantify your past and future medical expenses, estimate your pain and suffering, put a number on your lost wages, or in general, substantiate the damages you are seeking from the defendant.
Independent Medical Exams- What Isn’t Accepted
As the lawsuit progresses, you will be asked to undergo something called an Independent Medical Examination or IME by the other party’s insurance company, or their attorneys, doctor, or their choosing, who will evaluate your injuries from the perspective of the defense. That said, it is important to note that an IME isn’t going to treat you, but they are supposed to provide an opinion which may potentially challenge the findings of your treating physician regarding the severity of your injuries.
During an IME, your rights are protected in the following manner:
- You are not required to submit to any invasive medical procedures such as injections, surgeries, any skin-breaking test, biopsies, or any medical procedure that inherently carries significant risk to your health or wellbeing
- An independent medical exam should only consist of standard physical examinations, range-of-motion tests, and reviews of any MRIs and X-rays. Anything beyond this is legally and medically forbidden, and you have the right to refuse.
Informed Consent in Injury Claims and Your Rights
The principle of informed consent is paramount and must be taken advantage of at any stage in your personal injury lawsuit journey. Your treating physician may recommend certain medical procedures, such as pain management injections and even surgery, during this journey. It is important to note that the decision to undergo these procedures rests on your shoulders, and you cannot be forced to undergo them if you feel as if they are invasive and are breaching your inviolable rights.
That said, medical evidence is a foundation for the justification of damages, and if your doctor recommends a generally accepted, efficient and safe treatment for your injury and refuse it without a valid reason, the defense may argue that you’re just malingering and weren’t exactly injured which may potentially impact your ability to recover compensation for certain damages.
How McCready Law Protects Your Medical Rights as an Injured Claimant
At McCready Law, we are committed to protecting your rights by helping guide you down the right road with regard to medical and legal decisions. We will never pressure you into medical procedures, but we shall instead arm you with information so you can make your own informed medical decisions, while explaining the legal ramifications of your choices.
We shall also streamline all your medical records so everything is well documented, saving you both time and stress during your recovery process. We shall also recommend excellent physicians so you can receive timely care for your injuries, and last but not least, we shall defend against any unreasonable demands by the defense team regarding medical evaluations that we deem unnecessary.
Best Countrywide Injury Attorneys – Call Us Today!
Need more information on the medical and legal implications of your injury claim? Please give us a call NOW, regardless of where you are in the country at (314) 481-63338 to learn more about your legal options for justice and compensation. Remember, the call is 100% FREE, and there is no legal obligation whatsoever or anything to sign. Thanks for choosing McCready Law, and we look forward to working for you.