How Should I Prepare For An Ime Appointment

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The first thing to understand is that “independent” is a misnomer. While the doctor isn’t your treating physician, they are hired and paid by the insurance company. Their incentive, unfortunately, lies with minimizing the insurer’s payout. That doesn’t mean the doctor is inherently dishonest, but you must approach the appointment with that fundamental conflict of interest in mind. Preparation is key to ensuring a fair assessment, and protecting your rights.

Before we dive into specifics, let me share a bit about my background. I’ve been practicing personal injury law in San Diego for over 13 years, and prior to representing injured victims, I worked for a major insurance defense firm. This experience provided me with intimate knowledge of how insurance companies evaluate, devalue, and deny claims, including the tactics they use during IME appointments. Knowing this perspective informs how I advise my clients and prepare them for this often-intimidating process.

What should I bring to my IME appointment?

The simplest answer: everything. You need to be armed with a comprehensive history of your injuries and treatment. I advise clients to assemble a detailed file that includes copies of all medical records related to the accident – doctor’s reports, hospital discharge summaries, physical therapy notes, imaging results (MRIs, X-rays, CT scans), and a complete list of all medications you’re taking. Don’t forget to include records of any prior injuries, even if they seem unrelated. The insurance company’s doctor will be looking for pre-existing conditions to attribute your current symptoms to.

Beyond your medical records, bring a written summary of how the accident has impacted your life. Be specific. Detail your daily pain levels, limitations in activities, and how your injuries have affected your work, hobbies, and relationships. A detailed timeline of your treatment, from the moment of the accident to the present day, is invaluable. Finally, bring a list of questions you want to ask the doctor, but be prepared that they may not fully answer them.

Don’t forget a current list of all over-the-counter medications, vitamins, and supplements you’re taking. It’s crucial to be upfront about everything, as withholding information can damage your credibility.

Can the doctor ask about my social media?

Yes, absolutely. Under California law, the defense is entitled to access your social media accounts for information relevant to your injuries. It’s not uncommon for them to scrutinize your posts, looking for photos or statements that contradict your claims. I strongly advise my clients to refrain from posting anything on social media about their injuries or activities, even seemingly harmless updates, until their case is resolved. CCP § 2032.220 specifically outlines the rights to examination under the law, and social media is often within the scope of discovery.

The insurance company doctor will likely ask about your activities of daily living – what you can and can’t do now compared to before the accident. Be honest, but also emphasize the challenges you face. Avoid exaggerating, but don’t downplay your limitations either. They’re trained to detect inconsistencies and may attempt to trip you up. It’s okay to say “I need to think about that” if you’re unsure about a specific detail.

Remember, the IME doctor is not your advocate. They’re hired to provide an objective assessment – an assessment often biased by the insurance company’s financial interests. Preparing thoroughly, being honest, and staying calm are your best defenses.

What if the doctor wants me to do something that causes me pain?

This is a common concern. The doctor may ask you to perform physical maneuvers, such as lifting, bending, or walking. You are not obligated to push yourself beyond your pain tolerance. If an activity causes significant pain, stop immediately and clearly communicate that to the doctor. It’s perfectly acceptable to say, “I am unable to do that due to pain.” Do not attempt to “tough it out” to impress the doctor. Your safety and well-being are paramount.

Document everything that happens during the exam. Take notes on the doctor’s questions, your responses, and any physical tests performed. If you have any concerns about the exam’s fairness or the doctor’s conduct, make a note of it immediately. This documentation can be crucial if your claim is disputed. Don’t be afraid to ask questions about why a certain test is being administered, and politely request clarification if you don’t understand something.

It’s also important to remember that the IME doctor’s report is not the final word. Your treating physician’s opinion carries significant weight, and I will vigorously advocate for your medical records and treatment plan if the insurance company attempts to undervalue your claim based on the IME report.

What happens after the IME?

After the IME, the doctor will submit a report to the insurance company outlining their findings. This report will likely include their assessment of your injuries, their opinion on the cause of your pain, and their recommendations for treatment. The insurance company will then use this report to make a decision about your claim. I will thoroughly review the IME report with you, discuss any inconsistencies or concerns, and develop a strategy to counter any unfavorable findings.

It’s common for IME reports to downplay the severity of injuries or attribute symptoms to pre-existing conditions. That’s why it’s crucial to have experienced legal representation. I will work with your treating physician to provide additional documentation and expert testimony to support your claim and ensure you receive the compensation you deserve. Understanding the report and building a strong counter-argument is a critical step in the process.

Successfully navigating an IME requires preparation, knowledge, and advocacy. Don’t face this alone. If you’ve been scheduled for an IME in San Diego, contact my office today for a free consultation.

What if I disagree with the IME doctor’s opinion?

It’s perfectly normal to disagree with the IME doctor’s assessment, particularly given the inherent conflict of interest. Under California law, you have the right to challenge the IME report and present your own medical evidence. Civil Code § 3333.4 sets forth the parameters for these challenges. We can achieve this by obtaining independent medical evaluations (IMEs) from doctors of your choosing. These doctors will provide an unbiased assessment of your injuries and treatment.

We will also thoroughly review the IME report with your treating physician to identify any inaccuracies or omissions. Your treating doctor’s testimony carries significant weight, and we can use their expertise to counter the insurance company’s arguments. It’s crucial to have a comprehensive medical record that supports your claims, and I will work diligently to ensure your voice is heard throughout the process. Don’t hesitate to question the IME findings and seek a second opinion – it’s your right as an injured party.