When filing a lawsuit for a personal injury claim and seeking compensation for injuries, there is a likelihood that the person or entity being sued, or an insurance company may request for you to participate in an independent medical examination. Generally, there are a few reasons behind such a request. For example, the insurance company or defendant may want to verify that your injuries are as serious as claimed, or become better informed of the precise scope of your injuries.
Customarily, there are threshold requirements for conducting an independent medical examination. Oftentimes, immediately following an accident, the injured person visits a doctor of their choice to perform an initial medical examination. As expected, the insurance company or defendant will want to verify the initial medical diagnosis by acquiring a second opinion in the form of an IME. Depending on the jurisdiction, qualification requirements of a medical professional performing the IME vary, usually requiring an M.D. or D.O. Additionally, the medical professional performing the IME should be qualified in two areas: (1) medical knowledge or training specific to the subject-matter relating to the case and (2) experience, training, and specialization in the area of such types of medical examinations. Qualifications are case specific, but certain minimum standards are required in order to ensure the most thorough and reliable quality IME.
As mentioned previously, each jurisdiction has their own standards and procedure for an Independent Medical Examination, including the steps required for all participants involved. If an injured person refuses to submit to a medical exam, he/she may be compelled to do so by law in certain scenarios. For example, in a case where physical injuries are alleged, a court may compel the injured person to attend an independent medical examination. Another example includes a scenario where a person files a lawsuit claiming extensive physical injuries, but then refuses an IME. By the court’s own volition or upon motion by the defendant, a plaintiff may be compelled to participate in the IME.
The structure of an independent medical examination report comprises a comprehensive summary of the injuries sustained by the plaintiff in a personal injury case. The report is created upon completion of the IME, and usually reviewed by both parties. Typically, there is an introduction with general data and description, and continues further into a more detailed overview that includes dates of the injuries sustained, as well as a summary of all medical conclusions. Also, the report usually includes a thorough description of the initial dialogue between the injured person and medical examiner. Lastly, a diagnosis must be given by the medical examiner.
Oftentimes, an insurance company, rather than a defendant, requests an IME. Most policies for insurance companies contain clauses that stipulate requirements for an IME. It’s common for insurance companies to request a large number of IMEs annually, and as a result, likely use the same doctors on multiple occasions. For obvious reasons, bias is a prevalent concern with these cases, where medical examiners come across accusatory, acting like an insurance claims adjuster, and not an objective medical examiner. It should also be noted that in many jurisdictions, a person subjected to an IME is allowed to bring his/her own physician or witness.
Preparation for an insurance claim IME is extremely important. It is necessary to take all relevant medical records with you. Prior to the exam, your attorney will help ensure you are thoroughly prepared for the examination. If you do not have legal representation, it is advised that you keep answers very brief, yes or no if possible. However, there is no need to be unresponsive or difficult, this attitude is never recommended. Be aware that all questions should be answered truthfully. It is important that all health complications and issues are included in the record.
If you have suffered physical injuries from an auto accident and seeking legal advice on how to pursue your claim, contact Hubbard & Kurtz at (816) 472-HOPE (4673), for more information today. Our staff of experienced attorneys has extensive knowledge of personal injury law in Missouri, and can provide you with the necessary expertise required to get you the damages you deserve!