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 South Carolina, an Independent Medical Examination (IME) is often utilized in the context of workers' compensation claims and personal injury litigation. State statutes and regulations, such as the South Carolina Workers' Compensation Commission's rules, govern the use of IMEs. For workers' compensation, an insurer may request an IME to verify the extent of an injury and its relation to a workplace incident. Similarly, in personal injury cases, a defendant or their insurer might request an IME to assess the injuries claimed by a plaintiff. The IME is conducted by a medical professional who has not previously treated the claimant, with the goal of obtaining an objective assessment of the injury for legal purposes. The examining physician will review medical records, conduct an evaluation, and produce a report that may influence the outcome of the claim or litigation. Claimants are typically required to comply with IME requests, as refusal could lead to the forfeiture of their right to pursue their claim or litigation.