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

Dorothy Sims
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.

Oregon Hunter
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.

Live Video-Broadcast: October 23, 2025

2 hour CLE

Tuition: $195.00
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Program Summary

Medical examinations play a pivotal role in personal injury and workers’ compensation litigation, but they are not always as “independent” as they are labeled. Both plaintiffs and defendants can face misleading or biased medical evaluations that distort the truth and harm case outcomes. This CLE brings together a seasoned trial attorney and a medical expert to uncover the realities of fraud and bias in medical exams from both sides of the courtroom. Attendees will learn how to identify red flags, expose faulty methodologies, and effectively challenge compromised reports. The program will also examine the ethical and practical issues raised when either side engages in deceptive practices, ensuring attorneys are equipped to navigate these complex challenges with credibility and precision.

Key topics to be discussed:

  • Understanding the role of medical exams in litigation
  • Identifying defense-side bias and fraud
  • Plaintiff-side fraud and red flags
  • The doctor’s perspective: Clinical integrity vs. litigation pressures
  • The attorney’s perspective: Strategies to challenge biased or fraudulent reports
  • Tools for spotting and proving fraud
  • Practical case studies and litigation lessons

Date / Time: October 23, 2025

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Closed-captioning available

Speakers

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.

Agenda

  • 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

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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