How to Pick a Qualified Medical Evaluator (QME)

One of the biggest mistakes you can make is to pick a QME without legal assistance, or by relying on the advice of your claims adjuster or treating physician. Or just following the steps outlined on the Division of Workers' Compensation website. Or because the doctor went to Yale or the office is on a bus route.

QME selection is such an important step, you need to get competent legal help before you see the QME. If you read this after you get the QME's report, it may not be too late to fix the problems created by picking the wrong doctor.

There are many problems with the current QME system. Read my article to understand some of the major flaws: The QME Process: Forensic Reform or Doctor Roulette?

Here are the ethical requirements for a QME: 

§  41.  Ethical Requirements 

   (a) All QMEs, regardless of whether the injured worker is represented by an attorney, shall:

(1) Maintain a clean, professional physician’s office (as defined in section 1(y) at all times which shall contain functioning medical instruments and equipment appropriate to conducting the evaluation within the physician's scope of practice and a functioning business office phone with the phone number listed with the Medical Director for that location which a party may use to schedule an examination or to handle other matters related to a comprehensive medical/legal evaluation. 

(2) Schedule all appointments for comprehensive medical-legal evaluations without regard to whether a worker is unrepresented or represented by an attorney. A QME shall not refuse to schedule an appointment with an injured worker solely because the worker is not represented by an attorney or because a promise to reimburse or reimbursement is not made prior to the evaluation.

(3) Not request the employee to submit to an unnecessary exam or procedure.

(4) Refrain from treating or soliciting to provide medical treatment, medical supplies or medical devices to the injured worker.

(5)  Communicate with the injured worker in a respectful, courteous and professional manner.