Cascanet v. Allen 5th DCA August 2011
This is an automobile accident case in which the plaintiff suffered herniated discs in his spine resulting in chronic pain which would likely require surgery to alleviate because non-surgical methods had been ineffective. The Judge erred in allowing doctor hired to perform an independent medical exam of the plaintiff to testify that “many studies” had shown spontaneous recovery of disc herniations was possible and that there were other possible causes of plaintiff’s pain where these opinions were not reflected in the doctor’s written IME report or his addendum.
Insurance companies almost always hire a Doctor to refute the claimed injuries suffered in a car accident. There is nothing “independent” about it. They are “hired guns” and must be cross-examined by a skilled plaintiff’s attorney. In this auto accident case, the IME Doctor testified outside his report and it took the appellate court to get it right.
