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 Wisconsin, 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. Wisconsin state statutes, particularly in the context of workers' compensation (Wis. Stat. § 102.13), allow insurers to request an IME to verify the extent of an injury and its relation to a workplace incident. The purpose of the IME is not to provide medical treatment but to obtain an objective medical assessment to assist in the defense of a claim. If a claimant refuses to comply with a reasonable request for an IME, they may jeopardize their ability to pursue their claim. The examining physician will review medical records, conduct an evaluation, and produce a report that may influence the outcome of the claim or the litigation process. It's 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.