What Is An Independent Medical Examination Ime

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The term “Independent Medical Examination,” or IME, is a bit of a misnomer. While the insurance company has the right to request one, under California law, the doctor performing the exam is ultimately hired – and paid – by them. This creates an inherent bias, as the IME physician’s livelihood depends on maintaining a relationship with the insurance carrier. They’re tasked with evaluating your injuries and providing an opinion on whether your treatment is reasonable and necessary, and to what extent your current condition is related to the accident in question.

Typically, the insurance company will provide you with a list of doctors to choose from, all of whom are within their network. Refusing to attend an IME outright can have negative consequences, including the potential denial of your claim, or delays in settlement. However, you are not without recourse. You have the right to be represented by an attorney during the exam, and it’s crucial to have someone present who can protect your interests and document any inappropriate questioning or tactics used by the IME physician.

I’ve practiced personal injury law in San Diego for over 13 years, and one of the most valuable skills I developed was honed during my time working for a major insurance defense firm. I understand precisely how these companies evaluate claims, and more importantly, how they attempt to devalue and deny them. I know exactly what IME doctors look for, and the types of questions they’ll ask to challenge your credibility and the severity of your injuries.

What should I expect during an Independent Medical Examination?

An IME is similar to a typical medical appointment, but with a distinct focus on evaluating your claims. The doctor will likely review your medical history, including all reports from your treating physicians, and conduct a physical examination. They may also order additional imaging tests, if deemed necessary. However, the scope of the exam is often limited, and the IME physician is not obligated to provide ongoing treatment or care.

Be prepared for the IME doctor to ask detailed questions about the accident itself, your injuries, your treatment, and your daily activities. It’s critical to answer truthfully, but also be concise and avoid volunteering unnecessary information. Stick to the facts, and don’t exaggerate or downplay your symptoms. Any inconsistencies between your statements at the IME and previous statements to police, doctors, or the insurance company could be used to discredit your claim.

Remember, the IME doctor is not your doctor. They have no obligation to your health or well-being, and their primary duty is to the insurance company. It’s essential to approach the exam with caution and be mindful of everything you say and do.

What rights do I have regarding an IME?

Under California law, the defense is entitled to one physical examination of the plaintiff if the lawsuit seeks damages for personal injuries. While often called ‘Independent,’ these doctors are hired by the insurance company to challenge the extent of your medical claims. You are entitled to receive a copy of the IME report, which you can then review with your attorney. You also have the right to depose the IME physician, meaning you can question them under oath about their findings and opinions. CCP § 2032.220 outlines these rights.

You are also permitted to have your own attorney present during the IME, although the attorney’s role is typically limited to observing and taking notes. They cannot directly intervene or object to questions asked by the IME physician. However, their presence can be invaluable in documenting any inappropriate behavior or tactics used by the doctor.

If you believe the IME physician has conducted an unfair or biased examination, you may be able to challenge the report in court. This can involve presenting evidence of the doctor’s bias, or obtaining a second opinion from your own medical expert.

Can I record my Independent Medical Examination?

In California, recording an IME is generally not permitted without the consent of all parties involved. Attempting to secretly record the exam could have serious legal consequences, including criminal charges. However, your attorney can take detailed notes during the examination, and these notes can be used to document any inconsistencies or inappropriate behavior by the IME physician. If you’re concerned about the fairness of the exam, it’s crucial to have an experienced attorney present to protect your interests.

Insurance companies often attempt to portray IMEs as objective evaluations of your injuries, but the reality is far more complex. Understanding your rights and knowing what to expect can help you navigate this process effectively and protect your claim. It’s always best to consult with an attorney before agreeing to attend an IME.

What happens after the IME?

After the IME is completed, the doctor will prepare a report outlining their findings and opinions. This report will be sent to the insurance company, and you will receive a copy as well. The insurance company will then use the IME report to make a decision on your claim. If the report is unfavorable, they may deny your claim outright, or offer a significantly lower settlement amount. However, the IME report is not the final word.

Your attorney can review the report with you and discuss any inaccuracies or biases. They can then present evidence to challenge the report, including additional medical evidence and testimony from your own experts. It’s important to remember that an IME report is just one piece of the puzzle, and your attorney can help you build a strong case to maximize your recovery.

We often see instances where insurance companies rely heavily on IME reports, even when they conflict with the opinions of your treating physicians. That’s why it’s so crucial to have an experienced attorney on your side who can advocate for your rights and protect your interests.

What if I already attended an IME without an attorney?

Even if you’ve already attended an IME without legal representation, it’s not too late to seek help. An attorney can review the IME report, identify any weaknesses or inconsistencies, and discuss your options for challenging it. You may be able to request a second opinion from your own medical expert, or file a lawsuit to pursue your claim. Civ. Code § 3294 can be relevant depending on the facts of the case. Don’t let the insurance company take advantage of you – contact an attorney as soon as possible to protect your rights.

The legal process can be complex and overwhelming, especially after a serious injury. I and my firm are here to guide you through every step of the way, ensuring you receive the fair compensation you deserve.