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Dr Rick Zabrodski

I have done 3000 NTMEs over the past 40 years and assisted the CPSA with their initial IME guidelines in the early 1990s. I like the updated version but have one concern about the documentation of consent. Many IME providers now ask that I obtain a signature on a 3 page form written by a committee of lawyers. Lawyers themselves will provide a simple consent in advance if it’s their own client and routinely tell the client to refuse to sign anything when acting as opposing counsel. When presented with a 3 page document, the examinee will often ask for an explanation of the document. My golf buddies who also happen to be judges tell me that this is giving legal advice! I have therefore declined to do this and have told the third party to obtain this consent beforehand. As always, I give a detailed and nuanced verbal description of what’s happening for at least 3 minutes before I proceed. Is documenting this conversation in the report sufficient? My golf buddies tell me that allowing someone to sign something they actually don’t understand is actually potentially worse

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