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 Vermont, an Independent Medical Examination (IME) is a tool used by insurance companies or defendants in personal injury cases, including workers' compensation and liability claims arising from incidents such as motor vehicle accidents. The IME is conducted by a medical professional who has not previously treated the individual making the claim. The purpose of the IME is to obtain an objective assessment of the claimant's injuries, to determine the extent of the injuries, and to ascertain whether the injuries are related to the incident in question or are preexisting. The medical professional will review the claimant's medical records, perform an examination, and produce a report with their findings. While Vermont law does not have specific statutes detailing the process of IMEs, the practice is governed by case law and procedural rules within the state's legal system. Claimants are typically required to comply with IME requests, and failure to do so can result in the loss of the right to pursue their claim. It is important for claimants to understand that the IME is not for the purpose of treatment but rather for the defense of the claim or litigation.