An independent medical examination is a standard part of many personal injury cases, but the term independent is somewhat misleading. Understanding what an IME actually involves, who arranges it, and how to approach it gives claimants a meaningful advantage before they walk through the door.
At some point in a personal injury case, an insurance company or defense attorney may request that the injured party submit to what is called an independent medical examination. The name implies neutrality. In practice, these evaluations are arranged and paid for by the opposing side, and the physician conducting them is not your treating doctor and does not have your interests in mind. Knowing what an IME is and how to approach it is information every personal injury claimant should have before the appointment is scheduled.
The IME Is Not Arranged for Your Benefit
Our friends at Nugent & Bryant address this plainly with clients who receive notice of a requested IME: this examination is a tool the opposing side uses to generate a medical opinion that supports their position on your injuries, not an objective review of your condition. A personal injury lawyer may be able to help you pursue compensation for medical treatment, lost income, and the lasting impact of your injury, but how you handle an IME can significantly affect what the defense is able to argue about the nature and severity of your condition.
Being informed before the appointment is part of protecting your claim.
What the IME Physician Is Actually Doing
The physician conducting an IME is retained by the insurance company or defense counsel to evaluate you and produce a written report. That report will be shared with the opposing legal team and used, in many cases, to challenge the opinions of your treating providers.
IME physicians are frequently retained repeatedly by the same insurance carriers and defense firms. Their conclusions often align with the interests of the party paying them. This does not mean the evaluation is worthless, but it does mean you should treat it as an adversarial proceeding rather than a routine medical appointment.
The IME physician may review your medical records, conduct a physical examination, ask about your history and current symptoms, and observe your mobility and function. Everything they see, hear, and observe during the appointment is subject to documentation in their report.
Your Rights During an IME
You have rights in connection with an IME that your attorney will advise you on specifically, but some general principles apply broadly:
- You are generally required to attend if the examination has been properly requested under applicable procedural rules or your insurance policy terms, but the scope of what you must submit to has limits
- You may have the right to have your own representative or observer present, depending on the jurisdiction and the circumstances
- You are not required to answer questions outside the scope of the medical examination, and your attorney should advise on how to handle questions that cross into legal strategy territory
- The examination should be limited to the injuries at issue in your case, and you may decline to submit to testing or procedures that go beyond what was noticed
Your attorney will review the specific IME notice and advise you on exactly what is and is not required in your situation before the appointment takes place.
How to Conduct Yourself During the Appointment
Consistency is the single most important principle. Present your condition accurately and consistently with how you’ve described it to your treating providers, in your deposition if one has occurred, and in your own documentation throughout the case.
Do not minimize your symptoms in an effort to appear strong or cooperative. Do not exaggerate them either. The IME physician will be looking specifically for inconsistencies between your stated limitations and your observable behavior during the appointment.
Arrive on time. Be factual. Answer the questions asked without volunteering additional information. And document your own account of what occurred during the appointment immediately afterward, including how long the examination lasted, what tests were performed, what questions were asked, and how the physician interacted with you.
That documentation matters if the IME report later mischaracterizes what took place.
What Happens After the IME
The IME physician produces a written report that the defense will use to challenge your treating providers’ opinions. Your attorney will review that report carefully when it is obtained through the discovery process and assess where it conflicts with your clinical record.
If the IME report contradicts your treating providers on significant points, your attorney may arrange for a rebuttal opinion from a qualified medical professional, or may address the discrepancies through deposition of the IME physician. A physician who conducts dozens of insurance-requested evaluations per year and consistently reaches conclusions favorable to insurers is a fact pattern that can be explored and presented to a jury in a way that affects how much weight the IME report receives.
For reference on the legal framework governing defense medical examinations in civil litigation, the Legal Information Institute at Cornell Law School provides the federal procedural rule governing physical and mental examinations in civil cases and the conditions under which they may be compelled.
Prepare Thoroughly Before You Go
Clients who walk into an IME without preparation from their attorney are at a disadvantage. Preparation does not mean coaching you on what to say. It means making sure you understand what the examination involves, how long it typically lasts, what questions are likely to be asked, what your rights are, and how to present your condition accurately without inadvertently providing the defense with material to use against you.
That preparation is something your attorney should provide well in advance of the appointment. If they have not raised it, ask about it directly.
Connect With Our Office
If you are involved in a personal injury case and have received notice of an independent medical examination, or if you want to understand how IMEs fit into the overall personal injury process before one is requested in your matter, speaking with an attorney is the right starting point. Contact our office to schedule a time to discuss your situation and what approaching an IME effectively may involve for your specific case.