In some lawsuits, a party may raise concerns over about their mental or physical health. In such instances, the court ensures these concerns are addressed before proceeding with other parts of the claim. The principal mode of doing this is to conduct an Independent Medical Examination (IME) on the party who raised such concern. A medical doctor skilled in that area will be called to conduct this examination.
This article provides an overview of what independent medical examination is and how it is conducted. Not only that, we also discuss the vital role that is played by a personal injury attorney in such cases.
What Is the Process of Independent Medical Examination?
First, realizing that the IME is sometimes completely independent is crucial. For example, the defendant frequently employs and pays an expert to complete it.
As a result, their discoveries can conflict with what your physicians tell you. Despite being forbidden from lying, the independent medical supervisor will probably evaluate the evidence to benefit their client’s (the defendant’s) case.
The defense might request an IME conducted by each of its experts in those fields if, for instance, you are receiving care from an orthopedic surgeon, neurologist, or physical therapist. Although it may look like you will be wasting time with the doctor, you won’t be charged for their services because the defendant is paying for them, and you are not required to follow any advice they may offer you.
What to Note During an Independent Medical Examination
When going in for an independent medical examination, here are some essential tips to consider:
Be Honest and Polite
Throughout the IME assessment, be sincere, kind, and supportive. Try to provide the doctor with all the details you think are pertinent to your injury.
Even though the physician works for your opponent, try to view the appointment as if it is just another doctor’s appointment because, generally speaking, it will not be any easier or worse than visiting any other doctor. Moreover, because they are professionals and are subject to specific ethical obligations, they cannot treat you unfairly.
Be on Time for Your Exam—Arrive at Least 15 Minutes Early
Attempting your exam at least 15 minutes early is a smart idea. However, even when arriving late due to circumstances beyond your control, it could give the wrong impression and show up in the IME report. Staying professional and punctual is quite important, and something that won’t be mentioned everywhere.
Before Your Session, Speak With Your Attorney
A personal injury attorney will have unique knowledge or counsel regarding the doctor you want to see. Attorneys are well versed in the legal aspects of such cases. They deal with such matters regularly and are adept at calculating damages and what the victimized party is owed.
An attorney may be able to advise you on effectively highlighting particular elements of your injuries or impairments during the review if you desire to do so. They may also request the schedule of the examination procedure or take notes of what transpired after your evaluation.
Important Things the Doctors Consider
The IME physician will often perform a patient interview to understand the patient’s medical background and accident record. The IME physician may, at some point, examine other medical records related to the defendant’s case that have been submitted. The IME doctor searches for several things about the accident victim throughout this process, including:
- Signs of dishonesty
- General Appearance
- Subjective signs of injury
- Unbiased signs of injury
- Other causal factors
Conclusion
An attorney can help ensure that your Independent Medical Examination (IME) results are fair and accurate. Insurance companies often rely on IMEs to minimize or deny claims, so having legal representation can protect your rights. A skilled lawyer will challenge biased findings, ensure the examiner follows proper procedures, and advocate for your best interests. With legal support, you can focus on following your doctor’s recommendations, prioritizing your recovery, and rebuilding your life after your injuries without the stress of navigating the legal complexities on your own.
