Case closed after Dr. refused to perform IME

[adelekeri]

I have a problem that I would like some advice on. I was scheduled for an IME. I brought my medical records from my treating doctors, and the MRI. I also brought my sister as a chaperone. I have a physical mobility disability, unrelated to my work injury. My sister helps me carry things or navigate when I am having issues. When my name was called, I was told that I was not allowed to have a chaperone, so I asked my sister to wait in the lobby, and I asked for a female nurse to be present. I was taken to the exam room, and told that the doctor would not do the exam if anyone was in the room, and that they would have to reschedule. I told them that was OK, I have no problem not having a female nurse present. I just wanted someone there to help me get on and off the table, and to assist me with disrobing and gowning. The doctor never even came in the room.

I called my case manager, and she said that I should have known I wasn't allowed to have help or a chaperone. She said she would let me know when it was reschedule for. I got a nasty surprise in the mail. They closed my case a week after the IME! I never got a reschedule IME. I am supposed to apply for a hearing to disagree, but I would like to know what I should do in the meantime. I don't have an attorney. The three I spoke to said that they can't do anything until they deny me benefits or close my case. Now that my case is closed, they say they can't help since I should have come to them sooner. So... catch 22?

Anyway, advice would be great. Thankes,
Adele

[red1030]

You have several issues here. First lets talk about the medical professions standards. Are you a women or man? Was the doctor a women or a man? For most states the standard states that if a male doctor visits a female patient there must be another female in the room, preferrably a nurse. Visa versa for men. If this did not apply ...you can file a complaint with the medical board of your state and they will research the situation and get back to you. This will not help your W/C case and could inferiate the doctor further.
Next..the attorneys that you talked to were they certified in workmans compensation. If not, find an attorney who is certified and they will know how to help you.
Next..what kind of disability to you have? Have you considered discussing this with ADA representatives. This appears to have some concern with discrimination. You needed help because of your disability,the doctor did not provide the service for you...he must by law provide that service for you...I would look in to this avenue as well.
In terms of you W/C case, and being able to obtain an IME, I am not sure what to do except to contact a lawyer. We will need to know the state that you are in and then maybe someone will come a long who can give you some good advice about all this... Red

[ksgirl]

I agree with you Red. I always thought that you were allowed to have someone in the room with you if your Dr. was of the oppisite sex. I don't know any rules or laws, but it seems to me that if you have a disability you should be able to have someone help you.
I wish I knew what advice to give to you Adelekeri. I'm sorry that you are having to go through with this. If you supply a little more info, like Red says, I'm sure someone who knows more will be able to help.
Best wishes!

[adelekeri]

I should have mentioned that I am a female! I don't have a problem with male doctors, I just prefer that someone I know and am comfortable with help me with more intimate things. I have been seen by both male and female OB/GYN's, and, with both male and female, there was always a female in the room. Not so with regular male doctors, but like I said, I don't have a problem with the gender. As for my disability, I lack the use of one arm due to an orthopedic deformity. Lucky me, the other arm was injured at work, so I am really in a bad spot in terms of mobility. IF the doctor had allowed the exam, and I was asked to disrobe, then I would have proceeded with the exam stipulating that when it came time to disrobe, I would like to have assistance from my sister, and they could have a nurse of theirs witness if necessary, and if that was not allowed, then the nurse help. Since it was my shoulder that was injured, my treating doctor (a woman) periodically examines my shoulder with a gown on, and her nurse helps me with getting that on and off. I did explain to my case manager that my sister helps me out on a regular basis, and listed a lot of the things she does! If you know of any good lawyers in Arizona, by all means, shout out!
Thanks,
Adele

[Bad Boy Bad Boy]

Ok, everyone, hang on a minute. The women is telling us, and the IME Doctor that she has a Disability, and may or does need help to perform certain things, such as dis-robbing and re-robbing. Being that is a fact, I do think Patients with Disabilities use the ADA web sites, and or even call the ADA for some advise on such Doctor treatment with a person with a known Disability. Then I too, would consult the AZ Doctor's Licensing Board, and file a complaint against such Doctor. Maybe even file a complaint with the Insurance Board of AZ also, for the IC not allowing you help with the IME visit due to a known Disability.

I can gather more for you tomorrow. I won't forget, trust me...

[vickinat]

Sorry about all the trouble you had. I went for an IME and afterwards when speaking to the lawyer, he told me that I could of had someone with me, that they could even take notes and witness the exam if I wanted. In matter of fact, he even said that he would of suggested that I took someone, if he knew that I was going. He also said that he would of told me not to fill out any of the IME questionaires (which I did), because they rate them and can use them against me in their report, which he did. He made assumptions from the questinaire that I was exageratting some of my pain and symptoms. I live in Pa., maybe every state has differant rules. Talk to a lawyer, free initial consultation ussually.
Good luck
Vickie

[grundig]

When Bad Boy say,s "Trust Me", Beleive him,,,He,is truely an asset to this board.
Vickinat is definately getting screwed over.
I would persue this to the Highest manner that,s Humanly possible,,Chit like that Just PI#$ES me Off.

[capricorn]

I agree grundig on the BB issue.

Vickie...I am also from PA. Only had one IME so far and my attorney sent a nurse with me who came in the room with me and took notes. Also I filled out 5 pages of paperwork in his office pertaining to my injuries which actually helped me to win my case. I haven't altered from how the injuries occurred at all in any legal depo, Dr.s questionaires BUT the IME himself lied about the way the injuries occured and IF I hadn't filled all that paperwork out my attorney wouldn't have been able to ask him IF he reads his own paperwork and call him on lying. It was there, in black and white, and he tried to lie about what I said happened. We all must be very careful in an IME's office.

CAP

[Bad Boy Bad Boy]

These web links should help the Poster of this Thread get started with contacts and also filing, and drawing up complaints with not just the IME Doctor, but also the NCM, and the Insurance Carrier.

http://www.ed.gov/about/offices/list/ous...e-reg.html

http://www.ican2000.com/state.html

http://www.azbar.org/

http://az.gov/webapp/portal/

http://www.azleg.gov/

http://www.ama-assn.org/ama/pub/category/5105.html

http://www.usdoj.gov/crt/ada/adahom1.htm

[jayne]

GO BAD BOY GO