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 Minnesota, an Independent Medical Examination (IME) is often utilized in the context of workers' compensation and personal injury litigation. State statutes and case law govern the use of IMEs. For workers' compensation claims, Minnesota law allows insurers to request an IME to evaluate the extent of an injury and its relation to the workplace incident. The Minnesota Workers' Compensation Act, specifically under Minnesota Statutes Section 176.155, provides the framework for when and how an IME can be requested and conducted. In personal injury cases, the rules of civil procedure may permit a defendant to request an IME to assess the plaintiff's injuries and causation. The outcome of an IME can significantly impact the course of litigation or settlement negotiations, as it may affect the determination of benefits or damages. It is important to note that while the IME is meant to provide an objective assessment, the examiner is not the claimant's treating physician and does not provide medical treatment. Failure to comply with a legitimate request for an IME could result in the loss of the right to pursue the claim.