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 Washington State, an Independent Medical Examination (IME) is a tool used by insurance companies or defendants in personal injury cases, including workers' compensation claims, to assess the extent of an injury claimed by a plaintiff or claimant. The IME is conducted by a medical professional who has not previously been involved in the claimant's care, to provide an objective evaluation of the injury and its relation to the claimed incident. The results of an IME can influence the outcome of a claim or lawsuit, as it may determine the causation, extent, and impact of the injuries. If a claimant refuses to undergo an IME when properly requested, they may jeopardize their ability to successfully pursue their claim. Washington State law, under RCW 51.36.070, specifically provides for IMEs in the context of workers' compensation claims, allowing the Department of Labor and Industries or self-insured employers to request an examination to determine the degree of a worker's permanent disability or the necessity of treatment. In other personal injury contexts, court rules and case law govern the use of IMEs during litigation. It is important for claimants to understand their rights and obligations regarding IMEs, and they may wish to consult with an attorney to navigate this aspect of their case.