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Injury victim's suit against IME doctor is dismissed

Bruce Wolford attempted to sue Mitchell Z. Pollak, a doctor who performs "independent [defense] medical examinations," for negligence.  Wolford claimed that he injured his shoulder, requiring surgery.  He was sent to Pollak for an IME and contended that Pollak forcefully rotated his shoulder in a manner that aggravated the injury.  Although the Court recognized that an IME doctor owes a limited duty to patients when examining them, i.e., the "duty to do no harm," Wolford couched his claim as one for negligence in the process of formulating Pollak's opinions.  The Court concluded that an IME doctor owes the examinee/injury victim no duty to use reasonable care in forming his medical opinions.

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