Defense Independent Medical Examinations In Personal Injury Cases

Iowa law allows insurance defense lawyers to request that personal injury victims submit to an “independent medical examination” (“IME”). IMEs are bizarre but common and lawful events in personal injury lawsuits. Let’s discuss.

The insurance defense lawyer in a personal injury lawsuit will often demand that the injured plaintiff submit to an examination by a doctor paid by the defense. That’s an IME. That defense doctor will write a report of the examination and testify at trial.

An independent medical examination isn’t really independent. Not if by that you mean that it’s “neutral.” IME doctors often are repeatedly hired by the same law firms and the same insurance companies. Those doctors have a reputation for being one-sided, biased witnesses who try to minimize a plaintiff’s injuries or even accuse the plaintiff of faking or exaggerating injuries.

Plaintiffs have a right to know the name of the doctor who will conduct the medical examination for the defense. Plaintiffs learn the doctor’s background. The doctor will likely be well-trained and experienced in the doctor’s medical field.

Although most defense medical experts are polite and kind, they aren’t there to help the plaintiff. They exist to help the defense. The defense doctor will be seeking any proof that the plaintiff is exaggerating complaints, was not injured in the manner that the plaintiff claims, or anything else that’ll help the defense case.

For these reasons, it’s important to prepare for your defense IME. Prepare a list of everything that is presently wrong with you and how your current life differs from before the injury. Work with your attorney to prepare this list. The list should match your medical records so that it doesn’t appear that you’re exaggerating or lying. The list should include the current physical or mental problems that you connect to the accident, all medical treatment that you’ve had because of those injuries, the current medications that you’re taking because of those injuries, and how those injuries affect your daily life. Be honest with this list and yourself – Don’t downplay your injuries and their effect on you, but don’t exaggerate them either.

The thought of the defense medical examination may cause you to be anxious, but try to remain calm and relaxed. If you’re nervous, agitated, or argumentative, it may give the impression that you’re hiding something. Be polite, respectful, and cooperative with everyone in the office, including the doctor. The staff may be monitoring you and reporting things to the doctor. On that note, and in line with the topic about faking or exaggerating symptoms, assume that you’re being watched and listened to every second that your at the IME and the medical facilities, and perhaps even being video recorded. That can legally be done to determine whether you say something or act differently and contradict what you’re claiming in the case or during the defense medical examination.

Your defense medical examination will likely begin with a series of questions about your medical history and accident injury. Be complete and thorough with your answers. The defense has hired the doctor. Anything that you say in the office (or don’t say) can be used against you in court. Do not, for any reason, lie to the doctor about anything. The doctor will have access to and will have reviewed all of your medical records that relate to your injuries, plus your entire medical history that predates the injuries.

After the interview portion of the examination, the doctor will administer various tests. The exact types of tests will depend upon the nature of your injuries. Physical injuries will involve testing of physical activities and movements. Brain injuries will involve neuropsychological testing.

After the examination, write down as much as you can remember about it. Try to remember the questions and your answers. Talk to your lawyer about all of the details, such as when you arrived at the office, how long you waited to see the doctor, and how long the examination lasted. Tell your lawyer if the doctor recorded the IME, took notes, or had someone take notes.

The culmination of this process will be provision of the doctor’s report to the defense lawyer and your lawyer. Your lawyer should give you a copy of it and discuss it with you. You should assume that the defense medical report won’t be favorable to your case, and that’s okay. There are many ways for your lawyer to attack such experts and the only way that you can harm your case through a defense medical examination is by lying to the doctor or exaggerating your symptoms.