Legal Question in Personal Injury in New York

back dating of physicans report ?
I live in New York. My wife is involved in personal injury law litigation (she was hit by a truck)

The insurance company had her undergo an orthopedic exam by one of their 'expert' witnesses, on July 28th, 2006.

The orthopedists report to the insurance companies attorney was dated July 28th, 2006. the day my wife saw him .

We suspect that the report though was not actualy completed until sometime in October (in fact it wasn't faxed to the insurance companies lawyer until November 1st).

We suspect that the orthopedist was waiting for the results of a battery of psychiatric tests that were also requested by the insurance company to be performed by another of their expert witnesses that concluded that my wife was 'embellishing' her symptoms and gave less than 'complete' effort etc.

The orthopedists report contains many of the same 'psychological' conclusions of the fo psychologists (embellishment, exageration etc )therefore lending support to our belief that in effect the orthopedist was attemting to 'corrordinate his report with the psychologists by inserting additional information he obtained after the date of his July 28th

Our question is, is this illegal ? and if it can be proven, what are the remedies

Asked on 6/26/07, 8:30 am

David Slater David P. Slater, Esq.

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Re: back dating of physicans report ?

If you have faith in your lawyer, ask him. If you don't , get a new lawyer.

Answered on 6/26/07, 9:34 am

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