If you’ve been injured in an accident due to someone’s negligence and are now looking to file a personal injury lawsuit against the party at fault, you will most likely be requested to subject yourself to an Independent Medical Examination (IME). In this blog, as a personal injury law firm in NYC that has represented a number of clients over the years, we at Gabriel Law will elaborate on what an IME involves and how it may impact your claim.
What is an IME?
An IME is a medical evaluation that is carried out by a doctor who is not your treating physician. The doctor conducting the IME does not provide their own treatment; they simply conduct a brief examination of the treatment you have received and determine whether said treatment was necessary and reasonable.
An IME is typically requested by the insurance company or defense attorney to gain an ‘unbiased’ medical opinion to determine the true extent of the injuries suffered by the victim. However, critics of IMEs argue that the real reason that IMEs are requested is to generate a diverging medical opinion as leverage to potentially reduce or even deny compensation.
What can you expect with IMEs?
- You may be subject to multiple IMEs—Based on the extent of your injuries, you may have to go through multiple IMEs. For example, if you’ve been extensively injured in a car accident, you will most likely be treated by an orthopedist, neurologist, and rehab specialist. Thus, the defense may ask you to undergo separate IMEs to reflect the varying specialists.
- IMEs won’t take long – IMEs don’t take long and usually last between 15 – 30 minutes.
- The IME bill is footed by the defense—you don’t have to foot any IME; they are paid for and scheduled by the defense.
- IMEs must be scheduled—Most of the time, an IME is scheduled after a discussion between the counsels of both sides. However, if you are not represented by counsel, the other party can get a court order to compel you to undergo an IME.
What can I do to prepare for an IME?
- Gather all the medical records and necessary documents connected with the accident. (X-rays, MRIs, and medication prescriptions)
- Dress appropriately by wearing simple clothes that allow doctors easy access to examine the injured areas.
- Be clear and honest with your doctor when describing the accident, the injuries you have sustained, and the pain you’ve suffered. Any inconsistencies between your recollections and what the medical evidence shows can impact your claim.
What should I not do at the IME?
- Do not exaggerate your symptoms since the inconsistencies can damage your credibility. Being truthful and consistent is the best policy when it comes to IMEs.
- Do not discuss the finer details of your case with the doctor conducting the IME. Such information must be protected with the utmost confidentiality.
- Do not argue with the doctor conducting the IME. It is simply a check, and the doctor is simply doing his job.
What happens once the doctor has finished the examination?
Once the doctor has finished examining you, they will draft and present a report that summarizes their findings and conclusions on your case. This report will contain crucial details such as the doctor’s professional opinion and recommendations for future care or lack thereof. Based on this report, the insurance company can decide whether to continue to foot the bill for your accident-related losses or alternatively reduce or cease payments.
How can I challenge an unfavorable IME?
If you have received an unfavorable IME, you should first consult your attorney and request their advice on how to dispute the findings. Challenging an IME usually involves submitting your own medical evidence as a counter. Alternatively, you opt for a second independent medical examination.
Conclusion
Independent Medical Examinations are a routine part of personal injury cases in New York, and knowing what to do and what not to do during the IME is an important part of securing your compensation. At Gabriel Law, our experienced accident lawyer New York team has plenty of experience preparing clients for the challenges of IMEs, and we are here to help you navigate through them as well. Schedule a free consultation with us, and we will be there as your advocate every step of the way.