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 Oregon, 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 lawsuits. The IME is conducted by a medical professional who has not previously treated the individual. The purpose of the IME is not to provide medical treatment or a second opinion, but rather to obtain an objective assessment of the injury, its relation to the claimed incident, and the claimant's medical condition. Under Oregon law, particularly in workers' compensation cases, claimants may be required to undergo an IME. Failure to comply with a request for an IME can result in the loss of the right to pursue the claim or litigation. The examining physician will review medical records, conduct an evaluation, and produce a report that may influence the outcome of the claim or the court's decision in a lawsuit. It's important to note that the rules governing IMEs can be complex, and claimants may have certain rights during the process, such as the right to have an attorney or a personal representative present during the examination.