Observing and recording defense medical examinations & other legal nurse consultant services
● Observing defense medical examinations (fulfilling the Section 2032 Code of Civil Procedure Role of Plaintiff Attorney Representative).
● Audio Recording defense medical examinations (EXCELLENT quality audio).
● Typing observer report, which is basically a ‘transcription’ of the words spoken on the audio recording as well as notes of what the observer saw while observing as well as included ‘administrative information’ about the examination appointment.
● Compare observer defense medical examination reports with the DME physician's reports to identify any of the doctor's inaccuracies (for an additional fee—however we charge a LOT for this).
● Assist plaintiff attorney in formulating deposition questions to be asked of the defense medical examination doctor; however, this is best done by the plaintiff attorney’s office because it is best done at a big table with the doctor’s opinion report, my report of the DME, all of the plaintiff’s medical records, the plaintiff’s deposition if this has been taken, any accident reports/police reports, etcetera AND I DON’T WANT ANY OF THIS STUFF (if you have me do it, it will be for an additional fee—and I charge a LOT for this—set up a phone call appointment with me, I’ll charge you $75 and I’ll give you a class on how you or your paralegal should go about formulating the deposition questions for the defense medical expert).
BELOW IS WHAT I USED TO DO BEFORE I SPECIALIZED, AS I DO NOW, IN DME OBSERVER ATTENDANCE SERVICES
● Serve as an expert witness in my medical-surgical and orthopedic nursing specialties.
● Identify deviations from and adherence to the standards of care/regulatory requirements.
● Assess damages and causation relative to health care issues.
● Prepare brief or comprehensive written reports.
● Formulate written chronologies or timelines of events and compare them to allegations.
● Ascertain and review relevant hospital policies and procedures.
● Analyze and compare expert witness declarations.
● Assist with a request for production, interrogatories, and depositions.
● Detect record tampering and identify missing documentation.
● Prepare indexes and summaries of depositions.
● Locate and prepare demonstrative evidence.
When an inexperienced law firm contacts us to schedule our services, we are sometimes asked to “translate at the DME” (i.e. we are being asked by the inexperience law firm to be the ‘translator for the doctor’). Inexperienced law firms sometimes are not aware that the defense attorney has the responsibility to provide for the translator or interpreter for the Defense Medical Examination (also known as the Independent Medical Examination—although IME is quite a ‘misnomer’), and yes, I do know that there is a difference (theoretically) between a translator and an interpreter; however, I routinely, as do most plaintiff attorneys, use the two terms interchangeably. With the experience of 10,000 DMEs, I am aware that the defense attorney has the responsibility to schedule and pay for an interpreter for any defense medical examination.
I’ve had paralegals argue with me (usually because their inexperienced attorney has told them, “I doubt that Dr. Smith speaks Cantonese Chinese as our plaintiff, Ms. Chong, is only able to communicate in) and all I can tell you is my experience in 10,000 DMEs dealing with LOTS of attorneys, I am SURE that the defense attorney has the responsibility to schedule and pay for the translator for any DME. As well, years and years ago, a plaintiff attorney emailed me the two laws that they said solidified the argument (take their references that I’ve copied for you below with no recommendation from me that they ‘prove the point’)--EVIDENCE CODE SECTION 750-755.5 and GOVERNMENT CODE SECTION 11435.05-11435.65. On the subject of proving the point, I get to speak to a reasonably large number of inexperienced paralegals and I explain it to them simply this way, “You know the plaintiff already had their deposition (with the experience of 10,000 DMEs I’d say 90% or more of the time the plaintiff is deposed first and THEN the DME is conducted), and during the deposition there was a translator used, and YOU Ms. Plaintiff Paralegal didn’t have to worry about scheduling or paying for the translator for the plaintiff’s deposition by the defense attorney, just like you Ms. Plaintiff Paralegal didn’t have to worry about scheduling or paying for the court reporter for the plaintiff’s deposition by the defense attorney, so the same rules apply for the defense medical examination, the defense attorney is responsible to schedule and pay for the translator for any defense medical examination.” The ‘benchmark’ that my plaintiff attorneys use as to whether or not the plaintiff needs a translator for the DME is that, ‘if they need a translator for the deposition then they should have a translator for the DME.’
EVIDENCE CODE SECTION 750-755.5
750. A person who serves as an interpreter or translator in any action is subject to all the rules of law relating to witnesses.
751… …(d) An interpreter regularly employed by the court and certified or registered in accordance with Article 4 (commencing with Section 68560) of Chapter 2 of Title 8 of the Government Code, or a translator regularly employed by the court, may file an oath as prescribed by this section with the clerk of the court. The filed oath shall serve for all subsequent court proceedings until the appointment is revoked by the court.
(a) During any medical examination, requested by an insurer or by the defendant, of a person who is a party to a civil action and who does not proficiently speak or understand the English language, conducted for the purpose of determining damages in a civil action, an interpreter shall be present to interpret the examination in a language that the person understands. The interpreter shall be certified pursuant to Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code.
(b) The fees of interpreters used under subdivision (a) shall be paid by the insurer or defendant requesting the medical examination.
(c) The record of, or testimony concerning, any medical examination conducted in violation of subdivision (a) shall be inadmissible in the civil action for which it was conducted or any other civil action.
GOVERNMENT CODE SECTION 11435.05-11435.65
11435.05. As used in this article, "language assistance" means oral interpretation or written translation into English of a language other than English or of English into another language for a party or witness who cannot speak or understand English or who can do so only with difficulty.
(a) The State Personnel Board shall establish, maintain, administer, and publish annually, an updated list of certified medical examination interpreters it has determined meet the minimum standards in interpreting skills and linguistic abilities in languages designated pursuant to Section 11435.40.
(b) Court interpreters certified pursuant to Section 68562 and administrative hearing interpreters certified pursuant to Section 11435.30 shall be deemed certified for purposes of this section.
(a) The State Personnel Board shall designate the languages for which certification shall be established under Sections 11435.30 and 11435.35. The languages designated shall include, but not be limited to, Spanish, Tagalog, Arabic, Cantonese, Japanese, Korean, Portuguese, and Vietnamese until the State Personnel Board finds that there is an insufficient need for interpreting assistance in these languages.
…(b) An interpreter used in a medical examination shall be certified pursuant to Section 11435.35. However, if an interpreter certified pursuant to Section 11435.35 cannot be present at the medical examination, the physician provisionally may use another interpreter if that fact is noted in the record of the medical evaluation.
Please ask me to read you the list attorneys that I have provided DME observer and other professional services to. You should know at least one of them, and you can call them yourself to verify my level of expertise and reliability.
Contact me now to schedule attendance at your client's DME anywhere in Los Angeles County, Orange County, and throughout Southern California, Central California and Northern California (we occasionally go out of state to attend California cases with the DME being conducted outside of California as well).
How Do You Schedule Observer Independent Medical Examination
All I need is for you to send me an email with the following:
- Date and time of appointment
- Name of retaining attorney
- Name of client
- Name of doctor
- Address of retaining attorney
- Address of doctor's office
Please be looking for a confirming email from me back to you. IF YOU DON’T GET THIS CONFIRMING EMAIL BACK FROM ME, THEN THIS MEANS I DIDN’T GET YOUR EMAIL TO ME.
EMAIL ME NOW TO SCHEDULE EXCELLENT OBSERVER ATTENDANCE AT YOUR CLIENT’S DME ANYWHERE IN CALIFORNIA!!!
MICHAEL HAIBY, RN
Office Phone: (661) 252-3435
Cell: (661) 414-6972
This is a PICTURE of my email address—it is NOT text;
you cannot copy and paste it into the address section of your email,
you have to MANUALLY TYPE MY EMAIL ADDRESS
INTO THE ADDRESS SECTION OF YOUR EMAIL
PROGRAM (this is to prevent ‘spambots’ surfing the internet
from noting my email address and flooding me with spam emails).
Michael Haiby, RN provides the service of defense medical examination observer to plaintiff attorneys. Plaintiff individuals may ask their attorney's office to have their attorney’s office make contact with Michael Haiby, RN for more information on scheduling our DME observer attendance services--only an attorney can give legal advice—CONSULT YOUR ATTORNEY.