Independent Medical Examinations (IMEs) are a common feature of personal injury claims. This educational overview examines their purpose, process, and role in claim evaluation.
Educational Notice: This article provides general educational information about medical examinations in personal injury cases. It does not constitute medical or legal advice. Individuals asked to attend IMEs are encouraged to consult with their attorneys.
What IMEs Are
An Independent Medical Examination is a medical evaluation conducted by a physician selected and paid for by the insurance company or opposing party. Despite the name "independent," the examining physician has no treating relationship with the patient.
Purpose of IMEs
Insurance and legal resources identify several purposes for IME requests:
- Obtaining a second medical opinion on diagnosis and treatment
- Evaluating whether injuries are related to the claimed accident
- Assessing the extent and permanence of injuries
- Reviewing appropriateness of past and future treatment
- Generating opinions for use in litigation
When IMEs Are Requested
Industry data suggests IMEs are commonly requested when:
- Claims involve significant alleged damages
- Causation of injuries is disputed
- Treatment appears excessive or prolonged
- Cases are in litigation or approaching trial
- Pre-existing conditions are documented
Legal Framework
California Code of Civil Procedure Section 2032 governs physical examinations in litigation:
- Courts may order examinations when physical condition is in controversy
- Examinations must be conducted at reasonable times and locations
- Examinees have certain rights regarding the examination
- Reports must generally be provided to both parties
The IME Process
Medical and legal resources describe a typical IME process:
- Insurance company selects examining physician
- Appointment scheduled (examinees may request reasonable accommodations)
- Medical records provided to examiner before appointment
- Examination conducted (typically history-taking and physical exam)
- Physician prepares report with findings and opinions
- Report used in claim evaluation or litigation
What Legal Professionals Discuss
Legal practice materials indicate that attorneys commonly discuss IMEs with clients, including:
- Whether attendance is required in their specific situation
- What the examination typically involves
- Rights during the examination
- Documentation considerations
Criticisms and Controversies
Legal and medical literature notes ongoing debates about IMEs:
- Questions about true "independence" when examiners are paid by one party
- Concerns about examiner selection based on plaintiff-friendly or defense-friendly reputations
- Debates about the adequacy of brief examinations versus ongoing treatment relationships
Resources for IME Questions
Individuals with questions about IMEs have several resources:
- The attorney representing them in their claim
- State bar association resources on examination rights
- Medical board information on physician conduct standards
Anyone asked to attend an IME is encouraged to consult with their attorney about their rights and obligations.
Disclaimer: This article provides general educational information only and does not constitute medical or legal advice. IME requirements and rights vary based on case circumstances. Readers are encouraged to consult with licensed attorneys regarding their specific situations.
