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Question: When should your clients bring x-rays or MRI films to a defense medical exam (“DME”)?


There is no requirement that plaintiffs produce x-rays at a defense medical exam.  However, if the plaintiff has been recently x-rayed and the x-rays are helpful in showing the severity of the injury (i.e., fracture or torn ligament or tendon), then there is no need to have the plaintiff x-rayed again.  If the x-rays are more than six months old, the defense physician may take another x-ray, so nothing is gained by producing the x-ray at the defense medical exam.

If the x-rays are not helpful to the case, then the answer is simple—don’t bring them.  The general rule is that the plaintiff should not bring x-rays to a defense medical exam unless they are recent (i.e., less than six months old) and helpful in showing the severity of the injury.

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