If you were injured in an accident, you may be required to undergo an independent medical examination (IME). These examinations can be intimidating for many personal injury victims who are still grappling with the effects serious injuries have on their lives.
However, when you have a better understanding of IMEs, their role in your personal injury case, and what to expect, you can move through this aspect of your personal injury claim more easily. An experienced personal injury lawyer can help guide you through this process.
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What Is an Independent Medical Examination?
An independent medical examination is as it sounds. It is a physical medical examination that a healthcare professional other than your treating doctor performs. The defense does not have to take your doctor’s word that you were injured, that the injury is related to the accident, or that you are likely to suffer certain complications. As part of the litigation process, the defendant can demand that you undergo an IME with a healthcare provider of their choice.
What Happens at an Independent Medical Examination?
During an IME, a medical professional other than your treating physician will conduct a medical examination. The purpose of this examination is to identify your injuries and their severity. You do not receive treatment from this provider. The provider is not interested in trying to make you feel better. Instead, the healthcare professional is hired by the defense, often to try to disprove claims made by your healthcare team.
The examination may last a short time compared to the length of time that you have undergone treatment with your own medical providers. You may be asked to perform certain functions and to describe your symptoms. Diagnostic tests may also be ordered for these types of examinations. After the exam, the medical provider may prepare a report summarizing their findings.
California Rules for Independent Medical Examinations
California’s Rules of Civil Procedure allow the defendant in a personal injury case to demand one independent medical examination when the exam does not include any diagnostic test or procedure that is painful, protracted, or intrusive, and the examination is conducted within 75 miles of the victim’s residence.
A defendant can make a demand under this rule without leave of the court after they have been served with a personal injury complaint or have appeared in the action, whichever occurs first. Therefore, an IME is generally reserved for cases involving litigation. If your case is in the settlement stage, you may not have to participate in an IME, but your personal injury lawyer can advise you of your rights and obligations.
When the defendant demands that you undergo an IME, they must schedule it for at least 30 days after you are served with the demand.
The notice must provide the following information:
- The time and place of the exam
- The manner, scope, and nature of the exam
- Conditions related to the exam
- The identity and specialty of the physician who will perform the exam
Your lawyer can review the notice and make any necessary objections if the defendant does not comply with the applicable rules.
When Types of Cases May Require an Independent Medical Examination?
You may be ordered to attend an IME if you were injured in an accident such as a:
- Car accident
- Pedestrian accident
- Bicycle accident
- Motorcycle accident
- Truck accident
- Construction accident
- Slip and fall accident
- Aviation accident
- Train accident
- Dog bite incident
However, the defendant must follow specific rules before any such IME is ordered.
Tips for Handling Independent Medical Examinations
If you are required to undergo an independent medical examination, here are some tips to help you through this process:
- Remember, the purpose of the exam is to poke holes in your case. You are being watched from the moment you arrive at the exam site, so conduct yourself accordingly.
- Don’t pay for the exam – it’s the defendant’s responsibility.
- Answer the doctor’s questions truthfully without exaggerating or minimizing your injuries.
- Review any correspondence or report you receive regarding the IME.
- Ask to correct any factual mistakes the IME doctor made.
An experienced attorney can help you prepare for the IME. You can also ask your personal injury lawyer any questions you have about the process.
Contact Our Personal Injury Lawyers for a Free Consultation
While it may not seem fair that you should have to undergo additional testing just to satisfy a defendant whose negligence has harmed you, independent medical examinations are part of many personal injury cases.
Mission Personal Injury Lawyers can guide you through this process and protect your rights. Our team of San Diego personal injury lawyers has over 43 years of combined experience in personal injury and has recovered tens of millions of dollars for accident victims.
Call (619) 777-5555 or contact us today to schedule a free and confidential consultation.
