What Is an Independent Medical Exam, and How Do I Prepare?

In a personal injury lawsuit, a court may order an independent medical examination at a party’s motion, rather than the insurance carrier ordering it unilaterally. The purpose of the independent exam is to give the insurance company evidence to dispute your injury claim. Whether you must attend an IME depends on the governing law and, if a lawsuit is pending, applicable court procedures, but your attorney can help you prepare.

During the IME, be truthful and accurate about your symptoms and injuries. However, be aware that you may be under surveillance from the time you arrive, so the insurer can identify any inconsistencies with your reported injuries. For more information about what to expect during the IME, talk to your personal injury attorney.

Independent Medical Examinations

An independent medical examination (IME) is an evaluation by an independent doctor to evaluate your injury claim. Insurance companies and defendants use IMEs in personal injury claims and workers’ compensation claims to assess the patient’s injuries, evaluate their medical history, and determine when the patient has reached maximum medical improvement.

The examining doctor has not seen the patient before and is not the treating physician. In personal injury cases, the insurance company pays for the evaluation and intends to use the IME to dispute the causation and extent of the injuries or disability. The insurance company identifies any differences between the patient’s medical record and the independent medical exam to support their case.

Almost any kind of personal injury claim can involve an IME, including car accidents, slip-and-falls, and work-related injuries. Only a licensed doctor or specialist can perform an IME. The defense attorney or insurance company generally selects the doctor. These doctors are well compensated, and many regularly conduct IMEs for the same insurance companies.

Why Does the Insurance Company Need an IME?

An IME gives the defendant an opportunity to get a second opinion on your claimed injuries and recovery. The defendant and their insurance company can use differences between your doctor’s diagnosis and the IME to show your injuries aren’t as severe or that you have fully recovered from the accident.

The insurance adjuster can use the IME to dispute your claim that the accident caused your injury. A doctor may review your medical history and claim that your current complaints relate to a prior injury unrelated to the accident.

Even if an IME does not indicate you have fully recovered, the IME physician may claim you are partially recovered and able to do modified work. This can reduce your lost income and loss-of-earning-capacity damages.

When you suffer permanent disability, your level of disability can be based on your ability to do daily activities. Activities of daily living include feeding yourself, washing yourself, or walking. The insurance company uses its IME to dispute your disability level and reduce its settlement offer for your future damages.

Is an IME Doctor Really Independent?

Doctors who conduct an independent medical evaluation should provide an unbiased assessment of the patient’s medical condition. Unlike the patient’s treating doctor, IME doctors have no ongoing duty of care. IME doctors provide a one-time evaluation based on a physical examination, X-rays, diagnostic tests, and medical records.

The doctor does not work for the insurance company. However, the insurance company pays the doctor for the assessment. The insurance company may be more likely to refer cases to that same doctor when the results support its case. IME reports tend to support the insurance company’s position more than they support the patient’s injury claim.

Do You Have To Submit to an IME?

Whether you must attend an IME in a personal injury or workers’ compensation matter depends on the governing law and applicable court procedures. Failing to comply with a valid IME requirement can have consequences, including court sanctions or adverse effects on benefits under applicable law. Attending an IME may seem invasive, but it is part of the personal injury lawsuit process.

If you cannot make the IME appointment because of a scheduling conflict, contact your attorney as soon as possible so the insurer can reschedule your exam.

What Are Your Legal Rights During an IME?

The insurance company will notify you to schedule your IME. Depending on state law, you have a minimum notice period for the medical exam. The insurance company will provide the date, time, location, and name of the doctor or medical facility.

You may have to take time off work to attend, and the insurance company reimburses you for lost wages. The insurance company also pays for the IME. You will not be responsible for any medical bills, diagnostic tests, X-rays, or imaging studies.

In most cases, you only need to attend one IME. The insurance company cannot require a second IME if they don’t like the doctor’s report. However, if your condition or assessment changes substantially, the insurance company can request another IME.

Your attorney will get a copy of the IME report and can dispute any errors. Don’t worry if the IME gives a different impression than your treating physician. The IME often paints a rosier picture than your treating doctor. It is ultimately up to the jury to decide whether to believe you or the insurance company when determining liability in an injury claim.

Your rights during the medical exam can vary by state. In some states, your attorney or a neutral observer can attend the exam. In some states, you can also record the exam with audio or video. Talk to your attorney about your rights during an IME in your state.

How Do You Prepare for an IME?

Before you arrive for your IME, understand that you may be under surveillance. From the parking lot to the exam room, video recording may track you to catch any activity inconsistent with your injury claim. For example, taking your golf clubs out of the back seat and putting them in your trunk may show you are active and able to do some heavy lifting.

Arrive early to account for traffic, parking delays, finding the office, and completing paperwork. Arrive presentable to show the doctor you are taking the process seriously. Be prepared for a long exam. It may take longer than you expect.

When the doctor asks you questions about your injuries, be honest. You don’t need to exaggerate your injuries or make the pain seem worse than it is. Don’t try to fake a limp or wince in pain if it is not real. Trying to deceive the doctor can hurt your case. Be honest about your treatments, including what makes your pain levels better or worse.

The doctor will likely ask about your medical history, including previous injuries and medical conditions. Review your medical history, including treatments and medications.

However, remember that the doctor will record what you say about your injuries. You don’t have patient-doctor confidentiality with the IME examining doctor. Be honest, but don’t volunteer more information than you need to answer the doctor’s questions.

Your personal injury attorney can prepare you for the IME, including what the doctor may do, what questions they may ask, and what to expect.

Can You Have Your Lawyer with You During an IME?

In some states, you can have your attorney present during the exam; in others, you cannot. In states where you can bring your lawyer, many personal injury attorneys recommend doing so.

However, you may be able to bring a family member along if you are nervous about the exam. Ask your attorney about your state’s laws regarding having your lawyer present.

Help Prepare for an IME with Your Attorney

Most people are unfamiliar with an independent medical examination, and you may feel nervous. Your attorney can explain the process and help you prepare for your IME to make you feel more comfortable. Before attending a scheduled IME, contact a local personal injury attorney for legal advice.