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Everything You Need to Know About Independent Medical Evaluations

In some personal injury cases, the defendant’s attorney or insurance company may require that you go through an independent medical evaluation, otherwise known as an IME. The purpose of this evaluation is to determine the cause of your injuries, the extent of your medical care, and whether you have recovered fully or if there is a permanent injury or impairment. Keep reading to learn more. If you have asked to take part in an IME, contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free case evaluation.

“Independent” Doctors Are Not Necessarily Independent

Theoretically, the doctor who performs an IME will be impartial and truly independent. Unfortunately, the reality is often that the doctor the insurance company hires is a doctor that does many IMEs for that insurance company. This could potentially cause conflict because it is the defendant’s insurance company that hires the doctor for the IME, and the doctor may have an incentive to find results that are favorable to the defendant in order to continue being hired for these evaluations.

What to Expect with an IME

There will be a physical exam to determine your injuries. During that exam, the doctor is going to ask numerous detailed questions about the accident, your medical history, and the ongoing injury. Know that you do not have to answer any questions about the specifics of the accident. The insurance company is entitled to this information but only through the discovery process.

They do not have the legal right to question you repeatedly on the same facts, even if one of those interviews is done by the doctor. Expect your medical exam to take up to three hours. The more serious your injuries are, the longer the evaluation is likely to take.

Protecting Your Rights During an IME

It is essential that your rights are protected during your medical evaluation. You do not want the process to be too board, to be too intrusive, or to violate your right to privacy. As a result, your personal injury attorney will likely formally object to general tests or questions about the accident. We will also generally object to any questions about any preexisting medical conditions or injuries.

We will also object to any attempt to physically exam you beyond the scope of your injury. For example, if you have suffered a spinal cord injury, they do not have a right to examine your feet unless they were somehow involved in the accident.

While you are not required to answer questions about your medical history, if you do accident answer a question you should not have answered, then you have the right to invoke your doctor-patient confidentially. Just because you file a lawsuit, or because the doctor is not your personal physician, does not mean you have waived your rights to privacy.

Do not agree to an IME without first talking to an attorney. You can request a free legal consultation from Law Offices of Fernando D. Vargas by contacting us at 909-982-0707 today.