what is the purpose of a lawyer requesting an ime

The purpose of the IME is to obtain information and expert opinion for the purposes of litigation, not to provide you with a "second opinion" or with medical treatment. An IME doctor will normally have the plaintiff sign a form indicating that the plaintiff understands that the examination does not constitute medical treatment. Back to top

Full Answer

What does the IME do in a court case?

Determination of severity of impairment or disability, if any is present The IME doctor sends the report to the attorneys for the case and the Judge. If one side disagrees with the IME’s conclusions and the case proceeds, the IME can be deposed and called to testify at a trial.

Why does my employer need an Ime?

Your employer’s insurance company will typically request an IME if it disagrees with your own doctor’s diagnosis, especially if this diagnosis recommends extensive medical treatment, surgery or if it says you have suffered a permanent disability.

What does an Ime doctor do?

The IME doctor does not provide treatment. Instead, the doctor examines the patient and reviews pertinent medical records, then provides the defense with a report assessing the plaintiff's injuries. The report will typically address:

How do you respond to an Ime notice?

When giving a plaintiff notice of an IME, the defense will typically send a letter indicating the date of the IME, the name and specialty of the doctor who will perform it, and any request for medical records that the plaintiff should take to the IME.

What is the purpose of an IME?

IMEs are engaged when there is dispute or need to clarify the cause, extent and medical treatment of a work-related or other injury where liability is an issue. An IME is primarily requested by the employer, the insurance carrier or legal counsel.

How do you prepare for an IME?

8 Tips to Prepare for your IMEBe on Time – Which Means Early.Dress Appropriately.Bring Someone With You.See Your Family Doctor on the Same Day.Be Ready to Explain Your Injury.Always Be Honest.Be Brief but Thorough in Your Answers.Talk to Your Attorney Before Your Visit.

How much is a IME worth?

A dime is worth 10 cents. A quarter is worth 25 cents.

How do you answer IME questions?

If you exaggerate your symptoms during the exam, they will notice and report it. Instead, do your best and give an honest description of any pain you experience during the exam. Similarly, you should answer the doctor's questions honestly and respectfully, but only answer the questions you're asked.

What do you wear to ime?

Be Appropriately Cleaned, Groomed & Dressed. Don't dress in clothes that would indicate to the doctor that you have been engaging in activities that don't match your injury (e.g., athletic shorts).

What is a quarter worth?

25 centsThe quarter, short for quarter dollar, is a United States coin worth 25 cents, one-quarter of a dollar.

How much is a cent?

Dollars and Cents One cent is equal to 1/100th of a dollar. In other words, each dollar is worth 100 cents.

What is a dime money?

The dime is the United States' 10-cent coin. The person on the obverse (heads) of the dime is Franklin D. Roosevelt, our 32nd president. He's been on the dime since 1946. The design on the reverse (tails) shows a torch with an olive branch to the left of it and an oak branch to the right.

What is an IME?

The most basic purpose behind an independent medical exam (IME) is to have a non-bias review of a plaintiff’s medical condition as a way to verify that the reported injuries are in fact real, that the injuries as are accurate as to the extent of physical, emotional, or mental damage that the plaintiff claims, and that the injuries are not attributable to a different cause. 2 To ensure no bias exists between the examining doctor and plaintiff patient, the chosen doctor must not have any pre-existing doctor-patient relationship with coinciding confidential agreement. 3

What is an independent medical exam report?

The Independent Medical Exam Report. The report that is compiled in the course of an IME should include a basic descriptive portion which includes the injury dates and summary of the conclusions, there is a history of the claim including references to the findings and review of the medical records, all conversations between ...

What is a personal injury claim?

After an accident or other event leading to an injury, a personal injury claim is often filed in order to recover for losses and damages. The types of damages that are compensable include lost wages, pain and suffering, emotional distress, and medical expenses which can include diagnosis testing, hospital stays, medication, surgery, ...

What to do if you have been involved in an accident that resulted in injury?

If you have been involved in an accident that resulted in injury, it is important to discuss the circumstances of your injury with an experienced auto accident attorney who can help to protect your legal rights and interests.

Is an IME necessary in every case?

An IME is not necessary in every case, but there are certain instances when defendants or insurance companies may have a right to order that an IME be conducted.

What is an IME in workers comp?

If the employee submits a workers’ comp claim, the employer’s insurance company may ask the injured worker to have an independent medical examination (IME). A doctor chosen by the insurance company will perform the examination.

What does an IME doctor look for?

An IME doctor looks particularly hard for signs of deception. If you exaggerate your injuries or if you act differently in the waiting room than you do in the examination room, the doctor will report that to the insurance company. Sometimes, the insurance company will look at your social media posts to see if your statements tot he doctor are different from the activities that you or your friends post on line. Or, you could be under surveillance before and after an IME exam, again to see if your statements to the doctors are consistent with your daily activities.

How much does an IME doctor make?

They are often paid about $1000 for the exam and a written report. They are usually paid around $3000 to testify against you in court for the insurance company.

How often do you have to submit an IME in Pennsylvania?

Under Pennsylvania law, an insurance company can only ask you to submit to an IME twice a year. The doctor performing the IME will receive all relevant medical information before the examination.

Why do you not have to attend an IME?

The purpose of an IME is for the insurance company to gather information from an expert to determine whether to award or deny you workers’ compensation benefits .

Why do workers compensation judges order an IME?

In some cases, a workers’ compensation judge may order an IME if they believe it will resolve a medical dispute between you and the insurance carrier.

How much do doctors get paid to testify against you?

They are usually paid around $3000 to testify against you in court for the insurance company. In our opinion, there is a clear financial incentive for the physician to say something that favors the insurance company. That is, they get paid a lot of additional money when they testify against an injured worker.

What is an IME?

In general, an IME is performed by a licensed doctor of medicine (MD) or doctor of osteopathic medicine (OD), usually one with medical knowledge or training in the specific area relating to the case, and with experience in the area of IMEs. It's called an "independent" examination, but most personal injury attorneys will tell you that in practice, ...

How to prepare for an IME?

Preparation is important with an IME—especially when dealing with an IME relating to an insurance claim. You should be punctual and bring any relevant medical records with you. Your attorney will thoroughly prepare you for the examination. If you are not represented by an attorney and are submitting to an IME requested by an insurance company, it is advisable to keep responses very concise (only answer "yes" or "no" if possible). However, do not be difficult or unresponsive. Answer questions truthfully and be sure to get all your health complications on the record when it comes to the accident and your resulting injuries.

What should be included in a personal injury report?

There should be an introductory section with basic descriptive data, including injury dates and a summary of the doctor's conclusions. A history of the claim should be reported, including a thorough review of all medical records. The report should also describe the initial conversation between the medical examiner and the injured person. Finally, the findings of the physical examination should be documented with detail, and a diagnosis/prognosis should be given.

Who performs IME after an accident?

In general, an IME is performed by a licensed doctor of medicine (MD) or doctor of osteopathic medicine (OD), usually one with medical knowledge or training in the specific area relating to the case, and with experience in the area of IMEs.

Can an independent medical examiner cross-examine a plaintiff?

the defendant or insurance company must pay for the IME, and. the independent medical examiner must be available to be cross-examined by the plaintiff's personal injury attorney at a deposition or trial.

Who has the right to make sure that your harm is as severe as you claim?

The logic here is that the defendant or insurance company has a right to make sure that your harm is as severe as you claim, and to get a complete sense of the exact scope of your injuries.

Do you have to attend an IME?

You (Probably) Need to Attend the Independent Medical Examination. When an injured person does not wish to submit to an IME, he or she may be compelled to do so in certain situations. Generally, a court can compel you to attend an independent medical examination when you've filed a lawsuit in which you're claiming to have suffered physical injuries ...

Who is entitled to an IME?

They are generally entitled to choose the physician who will conduct the IME, though the judge may order a specific doctor if it is necessary under the circumstances. Many states have laws that allow insurance companies ...

What is an independent medical exam?

This type of medical examination is often called an "Independent Medical Exam" or IME. It is also known as an "adverse" or "compulsory" medical examination. The purpose of an IME is not to provide the injured party with medical treatment, but rather to diagnose and confirm any injuries that may be connected to the lawsuit.

What to do if you have been injured in an accident?

If you have been injured in an accident and are anticipating a dispute with an insurance company, you should contact a personal injury attorney immediately. The laws governing IMEs can vary from state to state, and an experienced attorney can guide you in preparing for the exam. They will demystify the entire process for you so that you understand how the process works and how it will relate to your individual injury claim.

What is the purpose of a plaintiff's lawsuit?

The plaintiff is filing suit to recover for damages to property, such as their car, and not for physical injuries, thereby not putting their physical state into question.

How to take notes for a medical exam?

Be sure to take notes before, during, and after the examination so that you have a record of the exam. Include names, dates, locations, and the time frame of the examination. If you have questions for the physician examining you, do not hesitate to make inquiries.

Can IMEs be ordered in other cases?

In addition, IMEs can be ordered in other cases besides personal injury cases. For example, in a guardianship claim, the court may order the future guardian to submit to a medical exam in order to determine whether they are fit to perform the duties of a child’s guardian.

Does the insurance company need to confirm that the plaintiff was actually injured?

The other insurance company needs to confirm that the plaintiff was actually injured. There are issues as to whether the defendant actually caused the injuries. The injured party was not yet examined by any physician. The insurance policy contains language that specifically addresses independent medical examinations.

Why do insurance companies send you an IME?

The insurance company is likely to send you for an IME if your claim is serious, or at all complicated. The purpose of an IME is to save the insurance company money on your claim. Some reasons you will be asked to submit to an IME include:

How does IME work?

How the IME can be a Tool for the Insurance Company to Deny or Limit Your Claim. Workers’ compensation insurance companies have a right to demand an “initial” IME once you file your claim. Based on this initial IME, the insurance company can deny or limit benefits.

What is IME insurance?

Unfortunately, the IME is more often just an insurance company tool used to deny or slash your injury claim.

What does IME stand for in medical terms?

IME stands for “Independent Medical Exam.”. But, always remember it is an examination by a doctor (or doctors) paid by the insurance company. That is not “independent.”. Instead, expect the IME doctor to disagree with the doctors you have hired to provide your medical care.

Why do IME doctors look like real doctors?

IME doctors, as mentioned above, are not your typical doctors. They look like real doctors because they have medical licensing. But they do not practice medicine like real doctors.

How to tell IME doctor about work injury?

Give a full history of the accident. Tell the IME doctor exactly how the work injury happened. That substantiates that your injuries are work-related. Only work-related injuries get compensated by workers’ compensation;

What happens if you get injured on the job in New York?

In New York, if you are injured on the job or in an industrial accident, you have a New York workers’ compensation claim. If you have a workers’ compensation claim, sooner or later, you’ll probably have to submit to an examination by the insurance company doctors.

What is an IME in medical court?

Most courts require you, the plaintiff, to undergo an independent medical examination (IME), or an examination by a doctor other than your usual physicians and specialists. The doctor then writes up a report about your medical condition, recommended treatment, and whether you're likely to suffer permanent impairment.

What is the process of IME?

Most courts require you, the plaintiff, to undergo an independent medical examination (IME), or an examination by a doctor other than your usual physicians and specialists. The doctor then writes up a report about your medical condition, recommended treatment, and whether you're likely to suffer permanent impairment.

Do you have to travel to attend an IME?

Although you have to attend the examination, you should be aware of the following provisos of an IME: You cannot be required to travel a long distance from your home to attend the exam. The defendant who orders the IME is required to pay for the costs of the exam.

Can you correct IME errors?

You have a right to correct any factual mistakes made by the IME doctor.

Can a defendant request a second IME?

If the defendant doesn’t like the results from the first IME, it cannot request a second IME for the same condition .

Can you present medical evidence at trial?

Even if your case is allowed to continue, you may be prevented from presenting any medical evidence at trial, which can significantly hinder your case. For this reason, it's vital to stay calm and collected as you attend the examination, and make sure you do everything you can to protect your claim.

Is an IME doctor confidential?

It's important to remember that an IME is different than an examination by your regular doctor. Anything you tell the IME physician is not protected by doctor-patient confidentiality, and can be used against you in court. The best course of action is to be straightforward and truthful with the doctor, and not to offer any information that's not requested. Resist the urge to exaggerate about your injuries or limitations, as this can hurt your credibility with a judge.

Who requests an IME?

However, in the last few years, the worker’s attorney is just as likely to request an IME and for exactly the same reason: they disagree with the treating doctor.

What is the responsibility of an IME physician?

That said, the IME physician has a responsibility to act in a professional manner. When you come in the examining room, the doctor should have reviewed your medical records, looked at x-rays or MRI tests, seen the medications prescribed – basically know you as well as any doctor can know a patient they are seeing for the first time.

How to verify IME findings?

Verify IME findings by meeting with your physician: Schedule an appointment with your own physician the same day as the IME to compare findings.

What happens if your case goes to trial?

If your case goes to trial, what happens during an IME is crucial to the outcome. You could be denied benefits because of what an independent medical examiner concluded from his examination. Be prepared to dispute any conclusions.

How long does it take to get an IME?

Don’t agree to any written tests or visits to another doctor’s office for further examinations. IMEs usually take around 30 minutes, but could be over in 10 minutes. Make a note of how much time was spent. There is only so much “history” an examining doctor can absorb from one meeting with a patient.

What is an IME?

Independent Medical Examination. An Independent Medical Examination (IME) is an attempt to confirm – or more likely, to dispute – the treating doctor’s management and care recommendations for an injured worker. The Independent Medical Examiner is supposed to act as a neutral third-party who reviews the medical records presented by ...

What is an independent medical examiner?

The Independent Medical Examiner is supposed to act as a neutral third-party who reviews the medical records presented by the treating doctor; conducts tests to substantiate or counter those findings; recommends future care needs and offers an opinion on what medical benefits, if any, the employee should receive in the future.

What Is An Independent Medical Examination?

You (Probably) Need to Attend The Independent Medical Examination

The Independent Medical Examination Report

Preparing For The Ime

• Preparation is important with an IME—especially when dealing with an IME relating to an insurance claim. You should be punctual and bring any relevant medical records with you. Your attorney will thoroughly prepare you for the examination. If you are not represented by an attorney and are submitting to an IME requested by an insurance company, it i...

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