An independent medical examination (IME) is a medical examination of a personal injury claimant or plaintiff by a medical doctor, psychologist, or other health care provider who is not the claimant or plaintiff’s treating physician or health care provider.
For example, an insurance company (insurer) may request an IME of a workers’ compensation claimant to determine the nature of the injury and provide an expert opinion on whether the injury was caused by a recent workplace accident or is a preexisting injury. Or a defendant (or the defendant’s insurer) may request an IME of a personal injury claimant or plaintiff during the investigation or litigation of a liability claim related to a motor vehicle accident or other incident.
The purpose of an IME is to provide an expert opinion from the treating physician for purposes of defending the claim or litigation—not to provide the injured claimant or plaintiff with a second opinion or with medical treatment. The physician conducting the IME will typically review the medical records of the claimant or plaintiff, interview and evaluate the claimant or plaintiff during the IME, and prepare a report with the physician’s findings (an IME report).
A claimant or plaintiff generally must submit to an IME or lose the right to pursue the insurance claim (workers’ compensation) or liability claim in litigation.
In California, an Independent Medical Examination (IME) is often utilized in the context of workers' compensation claims and personal injury litigation. When an insurance company requests an IME, it is typically to assess the extent of the injury and to determine whether it is related to a workplace incident or if it is a preexisting condition. Similarly, in personal injury cases, a defendant or their insurer may request an IME to evaluate the claims made by a plaintiff. The physician conducting the IME will review medical records, interview, and examine the claimant, and then produce a report with their findings. While California law requires claimants to comply with reasonable requests for IMEs, there are specific rules governing the process, including the qualifications of the examiner, the location of the examination, and the provision of a copy of the report to the examinee. Failure to comply with an IME request can result in the loss of the right to pursue the claim. It is important for claimants to understand their rights and obligations regarding IMEs, and they may wish to consult with an attorney to navigate this aspect of their case.