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Verdicts
Michigan's High Court Finds IME Physicians Can Be Held Liable for Malpractice
In a case of first impression, Michigan's Supreme Court has held that a physician who performs an independent medical examination has a limited duty to use his medical judgment to avoid causing harm to the examinee, which, if breached, can give rise to a cause of action for medical malpractice. Dyer v. Trachtman, No. 123590, 2004 Mich. LEXIS 971 (Mich. 5/5/04).
Plaintiff was injured in a fight and underwent surgery. He brought an unrelated suit following the surgery. During the course of discovery in that civil action, the opposing party engaged the defendant physician to perform an independent medical examination (IME) of plaintiff. Plaintiff asserted that before the examination, he told the defendant that surgery had recently been performed on his shoulder and that his surgeon had placed restrictions on the movement of his right arm and shoulder. Among these restrictions was a caution to avoid lifting the arm above 45 degrees. Defendant nonetheless allegedly forcefully rotated plaintiff's right arm and shoulder 90 degrees, detaching the labrum from the right shoulder. This required plaintiff to undergo surgery to repair the new damage.
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