What to Expect at an Independent Medical Exam in a Pennsylvania Injury Claim?
If you are pursuing a personal injury claim in Pennsylvania, you may eventually be asked to attend an independent medical examination, often known as an IME. Despite the name, an IME is often not a true “independent” examination – it is conducted at the request of the defendant or the defendant’s insurance company and is intended as a third-party review of your medical concerns to verify or dispute your provider’s information.
IMEs can feel very intimidating and make a plaintiff feel vulnerable. But understanding how IMEs work, why they occur, and what to expect can help you prepare for the procedure and make it less stressful.
What Exactly is an IME?
An IME is an evaluation of an injured party’s physical or mental condition for purposes of a legal claim. Under Pennsylvania rules of procedure, where a party’s physical or mental health is relevant to a legal claim and is disputed, a court may order that person to submit to a medical examination.
A party will generally have ample notice that an IME will occur because a request for an IME must be made before the court, and if the court grants the request, notice must be provided to the person being examined as well as to all other parties. The notice must provide the examination’s time, place, manner, scope, and the identity of the examiner.
IMEs are often requested because a defendant or the defendant’s insurance company wants to dispute the nature, cause, or extent of a plaintiff’s injuries. For example, an insurance company may argue that a plaintiff’s injuries are primarily the result of a pre-existing condition rather than the defendant’s fault. The defendant and its insurer can use an IME to obtain the medical evidence they need to support these types of defensive arguments.
An IME is not medical treatment. It is not part of your provider’s treatment plan and, therefore, does not need to be performed by your treating physician. Instead, an IME can be conducted by a different medical examiner whom you may not have met before.
Importantly, you have the right to have your attorney present with you during an IME. Your attorney can help ensure that an IME proceeds as required by the courts and that the examiner follows all required procedures.
What Happens at an IME
Before your IME, your attorney will negotiate with the defendant’s attorney to establish the exact scope of the IME. An IME is not a license for a physician to ask you any and all questions about any medical issue you have ever experienced. Instead, the questions and examinations must be relevant to the injuries you allege in your legal claims. If a defendant tries to go beyond this scope, your attorney can argue to limit the nature of the IME.
With this limitation in mind, an examiner in an IME can review your relevant medical records, ask you about relevant symptoms and medical history, perform a physical examination related to your injuries, and conduct any relevant testing. For example, the examiner may ask you about:
- How your accident happened
- What symptoms you have experienced
- When those symptoms began
- How your symptoms have changed
- Previous injuries that you have experienced
- Any overlapping or related medical conditions you might have
- Any pre-existing medical conditions
- Medical treatment you have received so far
- Efforts you have made to address your injuries
- Medications you are taking
- Future plans for treatment
- How your injuries limit your current lifestyle
- How your injuries impact your work
- Any other relevant medical history
When answering these questions, the most important thing you can do is answer them honestly and accurately. There are no right or wrong answers, just your honest explanations about the nature and extent of your injuries. While it can be tempting to play up the symptoms you have experienced, it is important not to exaggerate them or minimize those you may be embarrassed about.
Depending on the nature of your injuries, an IME can be very brief or take almost a full day. An experienced Montgomery County personal injury lawyer can give you a general idea of how long your IME is likely to take.
After an IME
After your IME is completed, the examining physician may prepare a written report describing their findings. Pennsylvania law provides that, upon request, this written report must be provided to the injured party and must include all findings, test results, diagnoses, and conclusions reached by the examiner. Depending on the circumstances of your case and your examination, the IME may support the plaintiff’s legal claims, support the defendant’s arguments, or be inconclusive. The IME report will become part of the evidence in the case that can be relied upon by either party.
Working With Your Attorney To Prepare for an IME
If you are considering legal claims related to an ongoing injury and are concerned about potentially having to participate in an IME, an experienced Montgomery County personal injury lawyer can help answer any questions you might have and prepare you for a future IME. Montgomery County lawyer Anthony C. Gagliano III, Esquire, P.C., frequently represents clients in cases involving an IME. He can help walk you through what to expect during your IME, how to conduct yourself during it, what items, if any, to bring, and answer any other questions you might have.
IMEs can sound intimidating, but they don’t have to with proper preparation. For more information or to schedule a consultation, contact us today.