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 Florida, an Independent Medical Examination (IME) is often utilized in the context of workers' compensation claims and personal injury litigation. Florida Statutes, particularly in the realm of workers' compensation (Chapter 440, Florida Statutes), allow for the insurance company to request an IME to assess the extent of an injury and to determine whether it is related to a workplace accident or a preexisting condition. Similarly, in personal injury cases, either party may request an IME to obtain an objective assessment of the injuries claimed. The purpose of the IME is not to provide medical treatment but to offer an expert opinion on the injury's nature, cause, and potential duration. The physician conducting the IME will review medical records, conduct a physical examination, and produce a report that can be used in defense of the claim. Failure to comply with an IME request can result in the loss of the right to pursue the claim. It's important to note that the rules governing IMEs may be subject to specific procedural requirements and limitations, which can be found in the Florida Rules of Civil Procedure and relevant case law.