I was recently asked to write an Apricot™ for an attorney planning to depose a psychiatrist. The psychiatrist was jointly selected by the attorneys involved in the case to perform a medical-legal evaluation. In reviewing the doctor's report it became apparent that the doctor's colleague, a psychologist, extensively participated in the evaluation of the patient and signed the report.
I was sure to point out that the Labor Code for this particular jurisdiction discusses the responsibilities of the physician who sign a medical-legal report. This section of the code is clear in stating that "no person other than the physician who signs the report, except a nurse who is performing some specific duties such as taking blood pressure, shall examine the injured employee or participate in the nonclerical preparation of the report" including the taking of a complete history, reviewing and summarizing the medical records and composing and drafting the conclusions found in the report. Since it appears likely that the psychologist was not the provider selected by the parties, although he signed the report, the court may be interested in the issue of whether or not the extensive participation in the evaluation violates that section of the Labor Code and has resulted in a situation where that report does not constitute substantial evidence.
More tips and free tools for help in cross-examining psych doctors and preparing briefs for court can be found at www.drleckartwetc.com
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