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The Myth of the "Independent" Medical Examination

Doc with patient
Sasquatch. The Abominable Snowman. The Easter Bunny. All are well-known fantasies that have been talked about for longer than any of us have been alive. Today, I want to add another, less well-known but equally fictitious name to the group: the “independent” medical examination. For those who have yet to be exposed to this mythical creature, allow me to explain. When someone is injured in an accident that was caused by another person’s negligence, it is not at all unusual for a lawsuit to be filed as a result. In most cases, the attorneys representing the injured party will make an effort to resolve the claim without filing suit, simply because doing so is more efficient and less costly to everyone, including the client. Unfortunately, insurance companies in today’s climate have very little incentive to be fair and reasonable. Their goal is to hang on to their money for as long as humanly possible, and to pay the injured party the least amount of money they can. Accordingly, it frequently becomes necessary for a lawsuit to be commenced. When an injured party files a lawsuit, the Rules of Civil Procedure afford the defendant an opportunity to have the plaintiff examined by a doctor chosen by the defense. The rules refer to this as an “independent medical examination”, although there is absolutely nothing about it that is “independent”. The doctors who perform the examination are selected and paid for by the insurance company or its lawyers. Most insurers use the same doctors to do these exams over and over again. Many doctors have formed separate businesses, apart from their regular medical practices, just to handle the large volume of such exams they are asked to perform each year. I recently handled a case in which the defense doctor testified that he earned nearly $500,000 per year performing “independent” medical examinations. Remember, that is in addition to what he earns as a practicing physician. Now, just sit back and think about this for a moment. Insurance companies want to make sure that they pay you as little as possible for your injury claim, so their incentive is to find a doctor who is likely to conclude that the injured party isn’t hurt nearly as badly as he or she claims, or maybe isn’t even hurt at all. The company is free to pick whoever it wants to do the exam, so once the company knows which doctor is most likely to give it what it wants, guess which doc gets the vast majority of the exams? So now, this doc is generating $250,000 – $500,000 per year doing the exams, so what do you think the chances are that the doc is going to say something in his report that the insurance carrier doesn’t like? How many IME docs are anxious to kill the goose that is laying the golden eggs? Now you see the problem. Several months ago, I tried a case in Wood County for a client who had been hurt in a rear-end auto accident. She sustained a significant injury to the muscles in her neck, and the injury just wasn’t healing. She slept most nights on a chair in her living room. She had multiple muscle massage devices she used in the hopes of finding some relief. The insurance company hired a doctor from Pittsburgh to examine her. To my surprise, the doctor’s first report concluded that she had been hurt in the wreck, and the injury was likely to be permanent. A few weeks later, we received an “amended” report from the doc, in which he said he couldn’t say for sure if the injury was permanent. He later admitted he made the change after speaking to a representative of the insurance company. And if that isn’t bad enough, when it came time to take the case to trial, the doctor appeared and testified that the woman really hadn’t been hurt at all in the car wreck. On cross-examination, the doctor admitted that his second change of heart had come about after a second conversation with the folks from the insurance company. “Independent” medical examination? Not hardly. I can honestly tell you that in the last 20 years of my practice, I can’t remember a single time when an IME doc testified that my client was actually hurt. Think about that for a minute. I’m sure I have represented thousands of people in that span of time, and I’m equally sure that hundreds of them have been subject to an IME. Does anyone honestly believe that not a single one of those folks was actually injured? Or is the more likely explanation that the IME docs are giving the insurance company exactly what it wants? The answer is pretty obvious. Sasquatch. The Abominable Snowman. The Easter Bunny. The Independent Medical Examination. All exist only in the minds of those who want to believe.
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No Boo-Boos! Keeping Everyone Safe This Halloween

It’s October! The scary season! A month of haunts, costumes, and candy, all leading up to the most chillingly fun holiday of the year: Halloween! Whether you’re a parent of kids who will be trick-or-treating or a homeowner handing out treats to the goblins who ring your doorbell, Halloween is a wonderful example of a holiday that’s fun for the adults as well as the kids. We hate to dampen the mood, but you need to be aware that Halloween can be legitimately scary for parents—and not the good kind of scary. Research by the Journal of the American Medical Association found that the risk of pedestrian fatalities is 43 percent greater on Halloween night than any other night of the year. The only things that should be scary this month are the costumes and the haunted houses! That’s why Halloween safety, whether your kids are trick-or-treating in Wheeling, Moundsville, St. Clairsville, or anywhere else in the Ohio Valley and southwest Pennsylvania, is so important. 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(Plus, if you stand on the sidewalk while your kids go to a door to get candy, you can shine your flashlight in their faces to remind them to say “thank you” if they forget …) Be extra visible by adding reflective strips to your kids’ costumes and giving them glow sticks to wear around their necks or wrists. Cross at crosswalks instead of the middle of the block. It’s tempting for kids to run back and forth across the street to go to a house where they see lights on, but drivers might not be as vigilant for pedestrians away from the corners, especially if kids are darting out behind parked cars. Encourage your kids to take off masks when walking along roads. You don’t want to take away from their great costumes, but masks can limit peripheral vision, which isn’t good when walking next to traffic. They can always put the mask back on when they ring the doorbell to sufficiently impress homeowners! Similarly, be extra aware if your child’s costume restricts any movement, such as a dress on a princess (and every year, there are plenty of princesses!) or a cloak on a Grim Reaper. Even without traffic, tripping over a curb can hurt—and Halloween is not the night you want to go to the emergency room. Remind them to watch their step and not run. Hold your kids’ smartphones so they aren’t tempted to be checking them while walking along roads and crossing streets. This advice extends to parents: Keep your phone in your pocket, only taking it out when you’re away from traffic. Take plenty of pictures—just when it is safe to do so. Older kids might want to trick-or-treat on their own, which is understandable, because what middle schooler wants their parents with them on Halloween? Reinforce all the Halloween safety rules already mentioned, and add a few: Give them a curfew to be back home. The later Halloween gets, say after 8 p.m., the fewer commuters on the roads, replaced by less careful teenagers and college students. Provide a firm curfew, and even offer to let their friends come over and watch a scary movie instead of being on the streets. Hold them to the same Halloween smartphone rules you’re following yourself: Phones should be pocketed when they are near traffic. Tell them it’s OK if they don’t answer your call or text right away—they should do so only when it’s safe. This may seem like a no-brainer (zombie pun intended!), but remind them not to go into the home or backyard of anyone they don’t know. Also, tell them to always stay with their group of friends and don’t split up. Halloween Safety for Drivers and Homeowners Halloween safety is everyone’s responsibility—not just trick-or-treaters and their parents. No one wants kids to get hurt on Halloween, and you don’t want to deal with the consequences if someone is injured by your vehicle or on your property. Here are some tips that can help keep everyone safe on the spookiest night of the year. Driving If you are driving anywhere near trick-or-treaters, slow down, turn your headlights on (even before it gets fully dark), and be extra vigilant on side streets, pulling into driveways, and even at crosswalks. Never assume those kids won’t run into the street, even if they are with their parents. And if you don’t need to drive anyplace during peak trick-or-treating hours, stay home. Your Home You want the front of your home to be as inviting as it can be for trick-or-treaters, but you also want it to be safe. For example, an orange porch light may be wonderfully eerie, but it also can make it more difficult to see as you climb stairs. Go back to a white light for a couple hours, keep your porch clear of obstacles (e.g., pumpkins should be off to the side), and keep any electrical cords off the walkway where someone could trip over them. Also, if you have any mechanical decorations that deliver jump scares, make sure they aren’t scaring anyone standing on your steps. Your Dog Some dogs are mellow when the doorbell rings dozens of times a night, and some will go nuts. Protective or agitated dogs may try sneaking out of the front door and could bite or knock down trick-or-treaters—and you could be liable for injuries. You know your pup best, but err on the side of caution: Consider keeping your dog(s) away from your front door, maybe in another room or in a crate, while you are handing out candy to trick-or-treaters. Or, set up shop outside, on your porch or driveway, so that your doorbell isn’t being constantly rung. ******************************** From all of us at Bordas & Bordas, have a safe and truly boo-tiful Halloween!

What to Do After a Truck Accident in West Virginia, Ohio and Pennsylvania

What to Do After a Truck Accident in West Virginia, Ohio and Pennsylvania A recent trucking accident on I-70 near Wheeling caused serious injuries and brought traffic to a standstill. These kinds of accidents are all too common in West Virginia, Ohio, and Pennsylvania, especially on major highways like I-70 and I-79. If you’re involved in a crash with a commercial truck, knowing what to do next is critical for your health and your legal rights. Protecting Yourself Legally and Medically If you’re involved in a truck accident: Call 911 immediately. Document the scene (photos, notes, witness names). Seek medical attention—even if injuries seem minor. Commercial trucking accidents are far more complicated than regular car crashes. The trucking company, driver, and even cargo loaders may all play a role in what happened. That’s why it’s so important to protect yourself early. Truck crashes often involve federal trucking regulations in addition to local laws. The Federal Motor Carrier Safety Administration (FMCSA) requires drivers to operate with “extreme caution” in hazardous conditions, a regulation often cited in legal cases. Don’t Navigate This Alone Trucking companies have their lawyers working to limit what they pay. Victims need someone in their corner who understands both state and federal laws across the tri-state region. An experienced attorney can help preserve evidence, negotiate with insurers, and ensure you’re treated fairly.  At Bordas & Bordas, we fight to protect victims and ensure they’re not taken advantage of during this complex process. Learn more about truck accident claims

Bordas and Bordas Attorneys celebrating 40 years of justice from 1985 to 2025 with the message "Fighting for Justice for 40 Years.

Fighting for Justice for 40 Years

Fighting for Justice for 40 Years In 2025, Bordas & Bordas is proudly celebrating 40 years, a testament to our unwavering commitment to serving our community and fighting for justice. Since our founding in 1985 by Jim and Linda Bordas, we’ve grown from a small practice into one of the region’s premier personal injury law firms with offices in Pittsburgh, Pennsylvania, Wheeling and Moundsville, West Virginia, and St. Clairsville, Ohio. The story of Bordas & Bordas Attorneys PLLC began with a unique partnership. Linda, a former hospital pharmacist turned lawyer, and Jim, who has been described by many as a giant in the legal profession, combined their expertise and passion for justice to open the doors of Bordas & Bordas upon Linda’s graduation from law school in 1985. Their remarkable record, including never losing a trial together, fueled the firm’s early success. Linda’s medical background proved invaluable, particularly in medical malpractice cases, where she became a leading force, securing landmark verdicts and expanding patient rights. Jim spent his career fighting battles for his clients that others couldn’t or wouldn’t fight. For over four decades, he built a reputation of success through landmark jury verdicts and settlements. In 2000, the Bordas legacy continued with the addition of Jim and Linda’s oldest son, Jamie, who became the firm’s managing partner in 2005. Jim cherished working alongside Jamie, creating a strong bond, and ensuring the firm’s values would endure. Linda remains a partner at Bordas & Bordas and continues to provide guidance and advice as we continue to fight for justice. Our Core Values: The Shield of Bordas & Bordas Our logo, a shield with four quadrants and a central cross, symbolizes what we hold dear: Experience: Four decades of dedicated legal service. Family: A firm built on strong family values and lasting relationships. Community: A commitment to serving and giving back to our community. Results: A proven track record of securing substantial recoveries for our clients. Christian Values: The Cross in the center represents the moral compass that guides our work. Our Commitment to You A lot has changed in 40 years, but one thing remains the same: Our reputation for taking on any opponent in the courtroom. This is backed by years of success and record-breaking results, including numerous multi-million-dollar verdicts and settlements across a wide range of personal injury practice areas. We understand the challenges clients face, which is why our cases are handled on a contingency fee basis. This means clients pay no fee unless we secure a recovery for them. We offer: Free initial consultations. No retainer required. We advance all case expenses. Our work has garnered national attention, with features on programs like 60 Minutes, Inside Edition, and CNN, showcasing our dedication to seeking justice for our clients. Learn more about our results by clicking here. As we celebrate 40 years, we reaffirm our commitment to providing exceptional legal representation and upholding the values that have guided us since 1985. We are grateful for the trust our clients have placed in us and look forward to serving our community for many years to come.