Cheour v Pete & Sals Harborview Transp., Inc., 2010 NY Slip Op 06614 (2d Dept. 2010)
“While Dr. Farkas stated that the plaintiff presented with “extreme exaggeration of symptoms” and that the decreased ranges of motion noted by him were “not true pathologic findings” and were instead exaggerated subjective complaints, he failed to explain or substantiate those conclusions with any objective medical evidence”
An expert must explain or substantiate a claim that an examinee is lying, otherwise “no dice”.
One Response
the title should be “IME doc’s unsubstantiated claim of exaggeration of symptoms beats a threshold motion.”