Court of Appeals Rules: Medical Experts Must Reveal Finances
A recent unpublished decision by the Court of Appeals of Michigan ruled that a plaintiff suing for personal injury protection (PIP) benefits under the Michigan No-Fault Act could obtain financial information about expert witnesses related to their professional work.
The plaintiff in that case was involved in two separate auto accidents in 2020 and 2022, and was insured by two separate insurance companies. The plaintiff sued both insurers to recover PIP benefits. The insurers named three doctors as expert witnesses and retained the doctors to perform an insurance medical examination (IME) of the plaintiff.
In response, the Plaintiff served subpoenas on the expert medical witnesses seeking that they produce 1099s showing the income received from performing medical exams and expert witness services for insurance companies. The doctors moved to quash the subpoenas, arguing that the plaintiff was not entitled to discovery of their personal, private financial information. Further, they argued even if the plaintiff was entitled, the request was overbroad.
The Court of Appeals determined that the amounts an expert witness could earn from performing IMES and acting as an expert witness for insurance companies was relevant information for a jury to consider when evaluating a witness’s credibility. Ultimately, the Court ruled that information about the expert witness’s gross income was discoverable.
The takeaway from this decision is that, to explore the bias of an expert witness, litigants are entitled to discover the amount of income medical experts receive for performing IMEs and providing expert medical services. If a doctor earns significant income from performing examinations on behalf of insurance companies, a jury could easily conclude that the medical expert is biased.
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About Alexander & Angelas, P.C.
Attorney Peter A. Angelas represents defendants in civil liability litigation across Michigan. His practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.
Mr. Angelas practices in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint).
A 24/7 Emergency Hotline is available (800-219-0007) for trucking and insurance company clients. When an accident requires an immediate response to protect evidence, members of the firm quickly launch an investigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan.
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