The Myth of the Independent Medical Examiner: Why You Should Consult an Attorney First
When involved in a personal injury claim, especially after a car accident or workplace injury, you may be asked to undergo an Independent Medical Examination (IME). These exams are requested by insurance companies to evaluate the extent of your injuries. However, despite being labeled as “independent,” these medical exams are often anything but unbiased.
In this article, we’ll explore why the so-called “independent” medical examiner may not be as neutral as you think and why consulting an attorney before attending an IME is essential.
What is an Independent Medical Examination (IME)?
An IME is a medical evaluation requested by an insurance company to assess a claimant’s injury or medical condition. The insurance company selects the doctor, and the examination’s findings can be used to determine the validity of a claim, the extent of the injury, and appropriate compensation.
While IMEs are meant to provide an objective assessment, there are reasons to question their impartiality.
Why the “Independent” Label Can Be Misleading
- Insurance Company Influence: The doctor conducting the IME is paid by the insurance company, creating a potential conflict of interest. Doctors who regularly perform IMEs may feel pressured to provide assessments favorable to the insurer, who is, after all, their client. This financial relationship can lead to biased evaluations.
- Discrepancies in Findings: Many personal injury victims report that their treating physician’s diagnosis and the IME doctor’s evaluation differ significantly. While a treating physician may provide a detailed diagnosis based on an ongoing relationship with the patient, an IME doctor may only see the patient once and make a less favorable assessment.
- Impact on Compensation: The results of an IME can heavily influence the settlement amount or whether the claim is approved at all. If the IME doctor downplays your injuries, the insurance company may offer a lower settlement or even deny your claim entirely.
Why You Should Consult an Attorney Before an IME
Before agreeing to an Independent Medical Examination, it’s crucial to consult with an experienced personal injury attorney. Here’s why:
- Understanding Your Rights: An attorney can explain your rights regarding the IME, such as whether you are required to attend, how to handle questions, and whether you can have your own physician present or another party (such as a witness) attend the exam with you.
- Preparing for the Examination: Your attorney can help you prepare for the examination by advising you on what to expect, how to answer questions, and how to avoid common pitfalls that could harm your case.
- Reviewing the Findings: If the IME results are unfavorable, your attorney can help challenge the findings, cross-examine the IME doctor if the case goes to court, and seek additional medical opinions to support your claim.
Conclusion
The Independent Medical Examination is a tool commonly used by insurance companies to assess injury claims. However, despite its name, it is often far from neutral. Consulting with an attorney before attending an IME ensures that your rights are protected and that you receive a fair evaluation. With the help of legal representation, you can avoid falling victim to biased assessments that could jeopardize your personal injury claim.