Legal Question in Personal Injury in New York

Re: independent medical exam

Yes, it is common. The reason that your attorney goes is to prevent the doctor from asking you questions that are irrelevant and the answers to which are probably not good for your case. He/she is also there to make sure that the examination is conducted properly. Finally, its helpful if the attorney has first hand knowledge of what the doctor did during the examination should your case go to trial. For example, if the doctor examines you for only 2 minutes, the attorney will point that out to a jury. Having the nurse there would be helpful, but she does not necessarily understand the legal significance of what goes on at the examination.