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 Massachusetts, an Independent Medical Examination (IME) is often utilized in the context of workers' compensation claims and personal injury litigation. When an insurance company has doubts about the nature of an injury claimed by a worker, it may require an IME to assess whether the injury is work-related and the extent of the impairment. Similarly, in personal injury cases, such as those arising from motor vehicle accidents, the defense or the insurer may request an IME to evaluate the plaintiff's injuries. The purpose of the IME is not to provide medical treatment but to offer an objective medical opinion on the injury's cause, nature, and long-term impact. The physician conducting the IME will review medical records, conduct a physical examination, and produce a report that can be used in legal proceedings. Under Massachusetts law, if a claimant refuses to comply with a reasonable request for an IME, they may jeopardize their ability to successfully pursue their claim. It's important to note that the rules governing IMEs can be complex, and claimants are often advised to consult with an attorney to understand their rights and obligations in this process.