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 Kentucky, an Independent Medical Examination (IME) is a tool used by insurers or defendants to evaluate the medical condition of a claimant or plaintiff in cases such as workers' compensation claims or personal injury litigation. The purpose of an IME is not to provide treatment but to obtain an objective assessment of the injury, its relation to the claimed incident, and the claimant's medical status. Kentucky law, particularly in the context of workers' compensation, allows for the insurer to request an IME to verify the extent of an injury and its causation. The Kentucky Workers' Compensation Act outlines the circumstances under which an IME may be requested and the rights and obligations of the parties involved. Failure to comply with an IME request can lead to the forfeiture of the right to pursue the claim. In personal injury cases, the rules of civil procedure and court decisions guide the use of IMEs, often as part of the discovery process. The examining physician will review medical records, conduct an evaluation, and produce a report that may be used in defense of the claim. It is important for claimants to understand their rights and any potential implications of undergoing an IME, and they may wish to consult with an attorney to navigate this process.