Can An Ime Doctor Dispute My Treating Physician

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In California, the defense is entitled to CCP § 2032.220 one physical examination of the plaintiff if the lawsuit seeks damages for personal injuries. This examination is intended to provide an ‘independent’ assessment of your injuries. However, it’s vital to recognize that the IME doctor is hired and paid by the insurance company. Therefore, their perspective may be biased towards minimizing the extent of your injuries and the associated costs of treatment.

What happens when an IME doctor’s opinion directly contradicts that of your treating physician? It creates a dispute of fact, requiring further evidence and potentially expert testimony to resolve. This is where having an experienced attorney is paramount. We’ve seen countless cases in San Diego where IME reports downplay pre-existing conditions or attribute your injuries to something other than the accident. This is why it’s so important to prepare thoroughly for your IME and be aware of your rights.

I’ve spent over 13 years practicing personal injury law in San Diego, and I was uniquely trained by a former insurance defense attorney. That experience gave me intimate knowledge of how insurance companies evaluate, devalue, and deny claims. I understand exactly how they use IME doctors to challenge legitimate injuries and delay payment. We strategically prepare our clients for these examinations, ensuring they understand the questions to expect and how to accurately present their medical history.

What should I expect during an IME?

An IME will generally involve a review of your medical records, a physical examination, and a detailed interview about your injuries, treatment, and daily activities. The IME doctor will likely ask questions about the accident itself, your prior medical history, and your current pain levels. They may also request you perform specific physical tests to assess your range of motion and functionality.

The insurance company will typically schedule the IME at a doctor’s office convenient for them. You’ll likely be required to sign a release authorizing the IME doctor to review your medical records. It’s crucial to be truthful during the IME, but also to be precise and avoid speculation. Stick to the facts and accurately describe your symptoms and limitations.

Remember, the IME doctor’s report will be used to assess the value of your claim. Don’t be afraid to ask questions if you’re unsure about something, and be sure to document everything. It’s also wise to inform your treating physician about the IME so they can prepare to support your case.

Can I bring someone with me to the IME?

Generally, you are not legally permitted to have your attorney present during the IME itself. However, you are often allowed to have a medical professional – such as your treating physician – accompany you as an observer. This can be incredibly valuable, as your doctor can provide real-time feedback and ensure the IME doctor accurately documents your physical examination and medical history.

If your treating physician is unable to attend, you can still bring a friend or family member for support. However, they will likely be limited to observing and cannot participate in the examination. It’s also vital to carefully review any documents you are asked to sign before agreeing to anything.

What if the IME doctor’s report is inaccurate or biased?

If the IME doctor’s report contains inaccuracies or unfairly minimizes your injuries, it doesn’t necessarily mean your claim is over. We can challenge the report through various methods, including submitting additional medical evidence, obtaining expert testimony from your treating physician, and deposing the IME doctor.

Often, we find inconsistencies between the IME report and the actual medical records. It’s essential to have an attorney who can thoroughly analyze the report, identify any discrepancies, and effectively advocate for your rights. We also use deposition testimony to question the IME doctor about their methodology, qualifications, and potential biases.

How does my attorney prepare me for an IME?

Preparation is key. We meticulously review your medical records and create a detailed timeline of your injuries and treatment. We’ll discuss potential questions the IME doctor may ask and help you formulate clear and concise answers. We also provide guidance on how to accurately describe your pain levels and limitations.

It’s vital to understand that the IME doctor is not your advocate. They are hired by the insurance company to assess your claim. Therefore, we will prepare you to remain calm, truthful, and focused throughout the examination. We also emphasize the importance of avoiding speculation and sticking to the facts.

What if the insurance company refuses to pay for my medical expenses after the IME?

If the insurance company denies your claim or refuses to pay for your medical expenses based on the IME report, we can pursue various legal options. This may involve filing a lawsuit, engaging in mediation or arbitration, or preparing for trial. We will aggressively advocate for your rights and fight to ensure you receive the compensation you deserve.

Understanding the process and having a skilled attorney on your side is crucial to protecting your claim. Don’t hesitate to contact us for a consultation to discuss your case and learn more about your legal options.