Block DME’s.
"What were your key takeaways from the program? Try to block DME’s and test everything they do."
Defeating the Expert's DME in a TBI Case - On Demand CLE
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Description
Description
While some may refer to them as “independent” medical exams (IMEs), plaintiffs’ attorneys know them for what they are: “defense” medical exams (DMEs). Opposing counsel will allege that a DME is necessary to level the playing field or even give “limited” access for their own experts to survey your client. In reality, defense counsel selects and pays the retained expert, who (subject to Rule 26) can confer with defense counsel confidentially and is not responsible for your client’s well-being. This leaves the potential for damage and should be challenged to protect your TBI client’s physical, mental, and emotional health.
Join trial attorneys Maxey Scherr and Robert Collins in this brain injury CLE to learn:
- Methods for researching the DME testing and examiner
- Ways to challenge possible bias
- Strategies for using Rule 35 of the FRCP to create safeguards necessary for brain-injured clients, including limiting the scope, length of the exam, and methods used
- The literature behind the exams that highlights the outdated, biased, or unscientific methods typically used in DMEs
- The relevant case law and medical authority
Every effort must be made to protect TBI victims from unjust DMEs. These DMEs can have severe implications that may unfairly prejudice plaintiffs. Learn how you can better protect your clients and help make this discriminatory practice obsolete.
Click here for Access Instructions for On Demand Programs.
Each user must register individually as they will need their own login to access the program and comply with CLE requirements.
Need accreditation in another jurisdiction? Fill out this form and note Course No. 250211D00
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Details
Details
On Demand Program: 108 Minutes
Original Air Date: 02/11/2025
Accreditation
Accreditation
Approved and Pending Credits
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Accreditation Not Available
MO, VA
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Overall rating: 4.6666665 / 5 from 9 reviews.
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Review highlights
Reviews
Help TBI cases.
"What were your key takeaways from the program? Good stuff to help TBI cases."
Attend dme.
"What were your key takeaways from the program? Attend dme."
Fight against the defense argument.
"What were your key takeaways from the program? Continue to fight against the defense argument that DME is required to ""level the playing field"". Which topics did you find least valuable and why? All of the topics were valuable."
Importance of knowing.
"What were your key takeaways from the program? The importance of knowing the medicine & the law of TBI in representing clients - and not accepting defense arguments that may be relevant in other types of PI cases."
Disallow a DME.
"What were your key takeaways from the program? Learned a few things to potentially be able to have a court disallow a DME on a TBI case."
Ask for help.
"What were your key takeaways from the program? Ask for help if you are handling your first TBI case! Which topics did you find least valuable and why? None."
Go to bat.
"What were your key takeaways from the program? We should go to bat to attempt to place limitations on the IME."
Supposed to be standardized.
"What were your key takeaways from the program? Tests are supposed to be standardized."
