“The Myth of the “Independent” Medical Exam: Plaintiff- and Defense-Side Tactics for Spotting Bias and Protecting Case Outcomes”

Dorothy Sims | Law Office of Dorothy Clay Sims

Dorothy Sims was on the trial team for her work in forensics for State of Florida vs. Casey Marie Anthony, the most televised trial in the world. After watching her clients suffer at the hands of dishonest DME’s she studied the psychological tests and physical tests, took the tests herself and met the authors. Her book, Exposing the Deceptive Defense Doctor was a best seller for James Publishing 3 years in a row and is still a top seller. She authored numerous publications in state, national and international journals and has most recently authored law review article supporting the need to video defense exams and obtain all raw data. https://scholars.law.unlv.edu/nlj/vol24/iss2/6/

She has authored multiple other articles on how defense experts lie and what to do about it and is a frequent keynote speaker for plaintiff organizations. She is on the executive committee for the AAJ Traumatic Brain Injury Litigation Group.

She now limits her practice to assisting other lawyers in medical or psychological issues and for assistance in cross examination. She has given over 400 speeches internationally on legal/medical issues.

Sims has been interviewed on multiples syndicated TV shows and journals and has been in 4 documentaries.

Oregon Hunter | Law Office of Dorothy Clay Sims

Oregon K. Hunter, Jr, MD, is board certified in physiatry.

In Honolulu, he ran TBI & pain management programs and is past president of the Florida Society of PM&R. He has treated pain, TBI, CRPS, & spinal injuries for over 30 years.

His forensic activity included expert testimony and consultation for workers compensation, personal injury, medical malpractice, and criminal cases, now limited to non-testifying forensic medical consultation for the Law Offices of Dorothy Clay Sims. He has reviewed over 400 defense videos and compared them to the report and published on his disturbing findings in national publication.

He has spoken internationally on cross examination of the defense medical expert having given over 400 seminars throughout the U.S. and internationally including India, France, Japan, and Portugal.

He has spoken extensively & published a number of chapters and articles in multiple medical journals and co-authored the Florida Impairment Rating Guide. Dr. Hunter assists lawyers in determining causation and damages and also attends depositions as the plaintiff’s consultant.

• Understanding the role of medical exams in litigation | 1:00pm – 1:15pm
  • Defense medical exams (DMEs) and plaintiff exams: Purpose, procedures, and impact on case valuation
  • The myth of the “independent” medical examination
• Identifying defense-side bias and fraud | 1:15pm – 1:30pm
  • Common tactics used in defense medical exams to minimize injuries or discredit plaintiffs
  • Recognizing boilerplate language, selective testing, and omission of key findings
  • Spotting financial and referral relationships that may compromise objectivity
• Plaintiff-side fraud and red flags | 1:30pm – 1:45pm
  • Overstated or fabricated injuries and the consequences of exaggeration
  • Questionable treatment patterns, excessive diagnostics, and unreliable “hired gun” experts
  • Ethical considerations when plaintiff fraud is suspected
• The doctor’s perspective: Clinical integrity vs. Litigation pressures | 1:45pm – 2:00pm
  • How physicians are recruited, retained, and sometimes influenced in litigation
  • What honest medical evaluations should include and how they differ from biased exams
  • Professional standards for credible testimony

Break | 2:00pm – 2:10pm

• The attorney’s perspective: Strategies to challenge biased or fraudulent reports |2:10pm – 2:30pm
  • Cross-examining medical experts: Exposing bias and highlighting inconsistencies
  • Leveraging medical records, diagnostic imaging, and treating physician testimony
  • Using motions in limine and evidentiary challenges to limit unreliable testimony
• Tools for spotting and proving fraud | 2:30pm – 2:50pm
  • Comparing medical records, timelines, and prior examinations
  • Digital tools, metadata, and technology for analyzing exam reports
  • The role of surveillance, collateral witnesses, and social media evidence
• Practical case studies and litigation lessons | 2:50pm – 3:10pm
  • Real-world examples of both plaintiff and defense fraud
  • How courts have addressed fraudulent or biased medical testimony
  • Best practices for maintaining credibility while attacking or defending exam reports