Michigan Attorney’s Nightmare: Disbarred Over a Blog Post?

Metier Law Firm
Wed, 10 Feb 2016 19:00:39 +0000
Safety Lawyer, PersonalInjuryAttorney

Michigan personal injury attorney Steven Gursten is facing the prospect of disbarment, and all over a blog post. How did this happen? Gursten’s nightmare began when one of his clients met with an independent medical examiner (IME), or a doctor who assesses personal injury victims for insurance companies.

IMEs perform medical exams to verify information, such as how accident survivors are affected by their injuries. The IME who assessed Gursten’s client has some explaining to do. Gursten’s client had suffered a brain injury during a truck accident, and the IME may have lied about the extent of the man’s injuries. What the IME did not know is that Gursten recorded the medical assessment.

When the IME spoke in court, there were major differences in what she said and what his client said. For example, the IME noted Gursten’s client had been improving, but on tape, the client is heard saying multiple times that he was not improving. At one point during the recording, his client discussed thinking about suicide. Other inconsistencies include changing answers during a cognitive performance evaluation to make it appear his client had improved.

Gursten was understandably upset by these events and wrote a blog post about it. The IME saw the post and filed a complaint against Gursten. Unfortunately, the IME is also a member of the Attorney Discipline Board. Gursten did not post a blog on this incident for his own gain, but to raise awareness that personal injury victims are being denied justice by IMEs all over the country. His future as an attorney will be decided by the Attorney Grievance Commission.

Why This Story Matters for Personal Injury Victims

The actions of this IME are inexcusable for several reasons. Accident victims with brain injuries, spinal cord injuries and other disabilities are being denied the right to have the truth behind their stories heard by a jury of their peers.

By allegedly lying (committing perjury), this IME attempted to deny Steven Gursten’s client the ability to receive damages that could help pay for medical bills, rehabilitation and a severely reduced quality of life. If scenarios like this are common, as Gursten suggests, it is an abomination of justice that must be fought against.