Navigating Independent Medical Evaluations: A Plaintiff’s Guide
by Cornelius Redmond July 5, 2024
An often misunderstood part of personal injury cases is the Independent Medical Evaluation (IME). Though the term suggests impartiality, these evaluations can be far from unbiased. Here’s what you need to know to protect your interests.
What is an Independent Medical Evaluation?
IMEs are examinations conducted by doctors hired by the defendant, the party you are suing. The term “independent” suggests these doctors are neutral and unbiased, but the reality is quite different. These doctors often rely on defense attorneys and insurance companies for a consistent salary, creating a conflict of interest that biases their evaluations in favor of the defendant.
The Reality of Bias in IMEs
We are required to have our clients attend these so-called independent medical examinations. However, these evaluations are rarely unbiased. The primary goal of the doctors performing IMEs is to assert that you are not injured, that any injuries you have are not related to the accident, or that your injuries have been fully resolved. This allows the insurance company to stop paying for your treatment.
The First IME: Early in Your Case
The first IME typically occurs early in the case, especially in car accident cases. The no-fault insurance company wants to cut off your coverage as soon as possible. If you miss the first IME, they might use it as an excuse to stop funding your treatment. While it might be okay to miss the first one, you absolutely must attend the second one.
Preparing for Your IME
When you attend the IME, remember that the doctor is not concerned with your well-being. Here are key points to keep in mind:
- Be Honest: Tell the doctor all of your pains and problems without leaving anything out.
- Speak Up: If the doctor tries to move or manipulate your body in a way that is uncomfortable or painful, tell them to stop.
- Stay Focused: Do not discuss your accident, prior history, or any other issues. This is not a verbal examination; it is about assessing your current physical condition.
The Second IME: Later in Your Case
At the end of your case, you will likely undergo a second IME. I prefer to call these “Defendant Medical Examinations” because they are paid for by the defendant. After your deposition, the defendant is entitled to another medical examination. Remember, this doctor is not your friend. Their goal is to downplay your injuries and support the defense’s case.
Key Reminders for IMEs
Throughout this process, always be honest about your pain and limitations. Make notes about the duration and nature of the examination. If the doctor asks about the accident or tries to get you to fill out paperwork related to it, do not comply. Inform them that your attorney has advised you not to answer those questions and that they can contact me directly if they have any concerns.
We’re Here to Support You
If you have any questions, always feel free to call me. If you’re reading this and are not satisfied with your current attorney, you can reach me, Neil Redmond, at 646-285-7115. We will prepare you for every phase of your lawsuit, including the IME, depositions, hearings, and examinations under oath. Our team is here to support you throughout the entire process. Call us today for a free consultation.
