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 Georgia, an Independent Medical Examination (IME) is often utilized in the context of workers' compensation claims and personal injury litigation. State statutes and regulations govern the use of IMEs to ensure that they are conducted fairly and for legitimate purposes. For workers' compensation, Georgia law allows insurers to request an IME to verify the extent of an injury and its relation to the workplace incident. The State Board of Workers' Compensation provides specific rules regarding the frequency of these examinations and the selection of the physician. In personal injury cases, either party may request an IME to assess the injuries claimed by a plaintiff. The court has the discretion to order an IME under Georgia's Civil Practice Act if the physical condition of a party is in controversy. The IME is meant to provide an objective assessment of the injury for the court or for insurance purposes, not for treatment. Failure to comply with an IME request can lead to consequences for the claimant, including the potential loss of the right to pursue their claim.