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 Montana, an Independent Medical Examination (IME) is often utilized in the context of workers' compensation 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 instance, under Montana's workers' compensation laws, an insurer may require a claimant to undergo an IME to verify the extent of the injury and its relation to the workplace accident. The IME is conducted by a medical professional who has not previously treated the claimant, to provide an unbiased opinion on the injury. Similarly, in personal injury cases, either party may request an IME to obtain an objective assessment of the claimant's injuries. The physician performing the IME will review medical records, conduct a physical examination, and produce a report that can be used in defense of the claim. 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 IME is not intended to offer medical treatment or a second opinion to the claimant but rather to inform the legal process regarding the nature and cause of the injuries claimed.