Too many times, Examinations Under Oath (“EUOs”) are taken lightly by medical providers. Many times, medical providers have insureds show up to an EUO without preparation from an experienced attorney. EUOs have real consequences in litigating a PIP suit. District Courts of Appeal have held that transcripts of an EUO can be considered by a trial court at summary judgment proceedings.
That means what the insured testifies to in an EUO can be used against the insured on a summary judgment motion. Before attending an EUO, the insured needs to be properly prepared. The insured simply showing up to an EUO without proper preparation could spell the end of coverage if the insured testifies to something that is unwise when an insurance company tries to trick the insured (which the insurance company will try to do).
At the very least, an hour of preparation is needed with the insured before the insured appears to an EUO. The insured must be familiar with medical treatment, dates of service, the insurance policy application, who was listed on the insurance policy application, and what the insured said to the insured’s insurance agent when completing the application if family members were left off of the application. The attorney preparing the insured for an EUO must understand often hidden underwriting issues as well as the obvious issues involving medical treatment and the accident.
The insured will need to understand the difference between the insured not remembering receiving a particular medical treatment from a medical provider as opposed to not receiving the treatment at all. It is important to note that if the insured denies receiving a particular medical treatment from a medical provider, it is a statement under oath which can be used against the medical provider in claiming that the medical provider submitted a fraudulent billing. The best practice is for an insured to defer to the medical provider’s medical records for a comprehensive list of the medical treatment received by the medical provider. Many times, attorneys send insureds to an EUO without full preparation and have paralegals sit in on them! An experienced attorney on EUO issues is needed to prepare the insured so that the insurance company cannot trick the insured into testifying to something against the insured’s interest that the insured did not really mean to say or was tricked into saying.
