Independent Medical Examination in Injury Cases (IME)
In some injury cases, especially the ones that are in the latter stages of litigation and closer to mediation, mandatory settlement conference (MSC) or trial, the defendant or their insurance carrier will request that the injured Plaintiff undergo a so-called "independent medical examination" or IME. This is an examination conducted by a doctor that the defendants hire in order to evaluate the plaintiff's current condition, symptoms and obtain more information about the extent of the injuries suffered as well as the residual effects such as continuing pain, need for treatment, etc.
The "independent" part in this examination is a misnomer. The doctor is not "independent". He is being hired by the insurance company to at least try to cast doubt on the extent of the injuries you claim you suffered and the pain that you experience or experienced in the past. Doctors are paid more for such services than for just about any other work they do except their trial testimony. More often than not, these kinds of doctors work for the same insurance company over and over, which gives them all the more reasons to be biased in favor of the defendant and against the plaintiff - in order to continue getting business from those companies. At the same time, these doctors have an ethical obligation to be truthful in their examination and have medical basis for any conclusion or opinions based on that examination - whether it's favorable or unfavorable to the injured person, so there is only so far even a not so honest doctor can go at the IME to bend the truth. Some doctors are more fair than others in their IME evaluations and many say it how it is in their final report about their findings. In other words the IME doctor is not your doctor or your friend, but he is also not someone who is there to hurt you or disrespect you in any way.
As a plaintiff who is to undergo an IME, you should have nothing to be nervous about, especially if you have been truthful all along in your case, including during your deposition and in your discovery responses.
Remember - your examination is not treatment. It should not be invasive. You should never agree to having your x-rays done or to any other invasive screening or evaluation beyond the most basic mechanical tests or discussions of your injury history, past treatment and your current pain, if any. Also, your IME examination is not the time to argue your case or try to prove something to the doctor. That doctor is not a lawyer or a judge. He won't be making any legal decisions in your case.
Audio record your IME , if possible, and inform the doctor of your intent to audiotape everything that's going on in the doctor's office during the examination. Not only is it legal, but it is also recommended, especially if your case is likely to go to trial.
For legal purposes, it's very important that during the examination you don't exaggerate the extent of your injuries, the pain suffered, the treatment you have received so far and the symptoms you are still experiencing. In most cases, by the time you undergo IME, your condition will improve as compared to the time when you were actually involved in the injury incident. If that's the case, you should openly and honestly state that you are better if you are asked about it, and if that's the case. You must not try to make your case better than it is. If a doctors suspects that you exaggerate the impact that caused the injuries or the injuries themselves, he will include it in his report, and that opinion will have some value because it's coming from a physician.
Otherwise, limit the information that you provide to the IME doctor to just answering his questions. Resist the temptation to just sit there and talk. Instead, ask the doctor to be more specific in his questions and keep your answers brief and narrow. If you can't answer a doctor' question in 30 seconds or less, it's probably not a good answer. Most IME examinations last for about 2 hours or less, so if you follow the above simple steps, this should be a fairly easy experience for you.
Watch the video below to make sure you avoid a common mistake during your IME exam:
The "independent" part in this examination is a misnomer. The doctor is not "independent". He is being hired by the insurance company to at least try to cast doubt on the extent of the injuries you claim you suffered and the pain that you experience or experienced in the past. Doctors are paid more for such services than for just about any other work they do except their trial testimony. More often than not, these kinds of doctors work for the same insurance company over and over, which gives them all the more reasons to be biased in favor of the defendant and against the plaintiff - in order to continue getting business from those companies. At the same time, these doctors have an ethical obligation to be truthful in their examination and have medical basis for any conclusion or opinions based on that examination - whether it's favorable or unfavorable to the injured person, so there is only so far even a not so honest doctor can go at the IME to bend the truth. Some doctors are more fair than others in their IME evaluations and many say it how it is in their final report about their findings. In other words the IME doctor is not your doctor or your friend, but he is also not someone who is there to hurt you or disrespect you in any way.
As a plaintiff who is to undergo an IME, you should have nothing to be nervous about, especially if you have been truthful all along in your case, including during your deposition and in your discovery responses.
Remember - your examination is not treatment. It should not be invasive. You should never agree to having your x-rays done or to any other invasive screening or evaluation beyond the most basic mechanical tests or discussions of your injury history, past treatment and your current pain, if any. Also, your IME examination is not the time to argue your case or try to prove something to the doctor. That doctor is not a lawyer or a judge. He won't be making any legal decisions in your case.
Audio record your IME , if possible, and inform the doctor of your intent to audiotape everything that's going on in the doctor's office during the examination. Not only is it legal, but it is also recommended, especially if your case is likely to go to trial.
For legal purposes, it's very important that during the examination you don't exaggerate the extent of your injuries, the pain suffered, the treatment you have received so far and the symptoms you are still experiencing. In most cases, by the time you undergo IME, your condition will improve as compared to the time when you were actually involved in the injury incident. If that's the case, you should openly and honestly state that you are better if you are asked about it, and if that's the case. You must not try to make your case better than it is. If a doctors suspects that you exaggerate the impact that caused the injuries or the injuries themselves, he will include it in his report, and that opinion will have some value because it's coming from a physician.
Otherwise, limit the information that you provide to the IME doctor to just answering his questions. Resist the temptation to just sit there and talk. Instead, ask the doctor to be more specific in his questions and keep your answers brief and narrow. If you can't answer a doctor' question in 30 seconds or less, it's probably not a good answer. Most IME examinations last for about 2 hours or less, so if you follow the above simple steps, this should be a fairly easy experience for you.
Watch the video below to make sure you avoid a common mistake during your IME exam: