When someone brings a personal injury lawsuit, one of the most common (and frustrating) steps in the litigation process is the Independent Medical Examination (“IME”).
The name sounds neutral, or even friendly, but make no mistake: this is an examination set up and paid for by the defense. The insurance company or defense attorney is entitled to it under the law, and it plays a very specific role in how lawsuits unfold.
What an IME Is (and What It Isn’t)
An IME is a medical evaluation conducted by a doctor chosen by the defense. The stated purpose is to allow the defendant a chance to “independently” verify the plaintiff’s claimed injuries.
But the reality is simpler: the defense wants its own doctor to look at the plaintiff and, often, write a report that downplays the severity of injuries, questions whether they were caused by the accident, or suggests the plaintiff has already recovered.
Key points about IMEs:
- The doctor is not your doctor. They are not there to treat you or help you heal.
- They are paid by the defense, often repeatedly, to perform these kinds of exams.
- Their report will be used as evidence at trial or in settlement negotiations.
Why the Defense Gets This Right
It may feel unfair that you’re required to see a doctor hand-picked by the opposing side. But courts allow IMEs as part of the discovery process, the stage of a lawsuit where each side gathers evidence. The idea is that if you are claiming physical injuries, it’s only fair to let the other side have a medical expert examine you and give their own opinion.
If you take a step back, it’s especially fair in light of the fact that all of your treatment has been performed by a doctor that you or your attorney chose. In fact, in the case of medical liens, your doctor may have an interest in your case’s success. It’s only fair that the defense gets a chance to verify your claims by a “non-biased” source.
This isn’t optional. If you refuse to attend, the court can sanction you, which may include excluding your own medical evidence or even dismissing parts of your case.
How IMEs Are Used in Lawsuits
The IME doctor prepares a written report after the examination. That report usually contains:
- A summary of your medical history (as the doctor understood it).
- The doctor’s physical findings from the examination.
- Opinions about the cause of your injuries.
- Prognosis about your recovery and whether treatment is necessary.
At trial, the defense may call the IME doctor as an expert witness. Their testimony is often used to argue that your injuries aren’t as serious as you claim, that you had pre-existing conditions, or that your ongoing problems are unrelated to the accident. Even if the case never gets to trial, the IME report becomes a bargaining chip in settlement negotiations.
Rules Depend on State and Local Practice
Here’s where things get complicated: IMEs are not handled the same way everywhere. Each state, and sometimes even each county or district, has its own rules that govern how IMEs work.
Some examples of differences:
- Who picks the doctor? In many states, the defense has wide latitude. In others, the parties must agree, or the plaintiff can object to a particular doctor.
- What types of exams are allowed? Some states limit IMEs to physical exams, while others allow psychiatric or vocational evaluations.
- Can your attorney attend? In some jurisdictions, your lawyer (or a court reporter) may attend the exam to keep things above board. In others, the exam must be one-on-one with the doctor.
- Recording the exam. A few states allow audio or video recording, while others prohibit it.
- Number of exams. Courts may restrict the defense to one IME, while in other places multiple exams are allowed if there are different kinds of claimed injuries.
Because the rules are so jurisdiction-specific, experienced attorneys know the local customs and can anticipate how aggressive the defense might be.
The Reality of IMEs
Despite the label “independent,” most plaintiffs and attorneys recognize that IMEs are anything but neutral. The doctors who perform them often work for insurance companies regularly. Their reports frequently contain language that minimizes injuries or leans heavily in favor of the defense. Otherwise why would the defense continue hiring doctors who don’t lean in favor of the defense?
That doesn’t mean they’re always dishonest, but they’re not your advocate and are often looking for reasons to downplay your situation. Their job is to provide the defense with ammunition. Courts accept this dynamic because each side has the opportunity to present medical testimony, and it’s the jury’s role to decide whom to believe.
Why Having the Right Attorney Matters
A strong attorney can make all the difference in how an IME affects your case. An experienced lawyer will:
- Prepare you for the exam. You’ll know what to expect and discuss strategies on how to effectively handle an IME.
- Protect your rights. If local rules allow recording or attorney attendance, they’ll make sure safeguards are in place.
- Challenge the report. They can cross-examine the IME doctor, highlight bias, and contrast their findings with your treating physicians.
- Guide your medical care. The best attorneys work closely with doctors who treat you, making sure the medical record clearly documents your injuries and recovery.
Final Takeaway
Independent Medical Examinations are a standard part of personal injury lawsuits, but they’re rarely “independent.” They’re tools the defense uses to limit their exposure. The details of how IMEs are scheduled, conducted, and challenged are highly dependent on your state’s rules and even local court practices. The smartest move for any injured person is to work with an attorney who knows the local landscape and won’t let an IME go unchallenged.
