Released on = January 17, 2006, 4:29 am

Press Release Author = Benjamin W. Glass, III & Associates, PC

Industry = Small Business

Press Release Summary = The Virginia Supreme Court has ruled that a doctor hired by
an insurance company to perform an independent medical examination on a party to a
lawsuit may be liable for injuries caused by the exam.

Press Release Body = An independent medical examiner hired by an insurance company
to perform an examination on an auto accident victim may be sued if his examination
causes further injury, according to the Supreme Court of Virginia in a case decided
January 13, 2006.
A Newport News, VA, woman alleged that Jeffrey Scott Kreutzer, a clinical
psychologist caused further injury to her when he conducted an examination to
evaluate her claim that she suffered a brain injury in a 1991 automobile
accident. The court ruled that a Newport News Judge improperly dismissed her
claim that alleged that she was "verbally abused" and accused of being a
"faker and malingerer" by Kreutzer.
"While this is the first time that this issue has been addressed in Virginia, every
court that has addressed the issue has found that there is a duty of care owed by
the health care provider in this situation. They are not immune from suit just
because the examination is done in the context of litigation," says Benjamin W.
Glass, III, a Fairfax, Virginia medical malpractice and personal injury attorney.
"While the claim of injury during an independent medical examination is rare, this
is a commonsense rule which protects the claimant should further injury arise due to
the doctor's malpractice," Glass said.
The court ruled that the doctor's duty of care extends only to the examination
itself, and that he cannot be sued if he fails to diagnose or treat a
condition, nor may he be sued for what he says in his report or in his
testimony.
The woman, Nancy J. Harris, recovered over $413, 000 in her automobile
accident case. Her medical malpractice trial against Dr. Kreutzer will now be
sent back to Newport News for trial.
Mr. Glass is a medical malpractice and personal injury attorney in Fairfax,
VA.. The Supreme Court case is Harris v. Kreutzer, No. 050715.



Web Site = http://www.BenGlassLaw.com

Contact Details = Benjamin Glass||3915 Old Lee Highway, Suite 22-B||Fairfax ,
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