An Independent Medical Examination (IME), or adverse medical examination (AME), carries weight in injury cases. The insurance company calls the exam independent but that gives a false impression. The truth is that the doctor who performs these exams are not independent and insurance companies select doctors who are likely to disagree with your treating doctor. Their goal? To assess the nature, cause, and extent of your injuries. You may be required to attend the examination if you are making a no-fault claim or have filed a lawsuit against the at-fault party’s insurance company. You should never just accept the insurance company’s word about your attendance being required and instead should consult with an experienced attorney.
Why Are Adverse Medical Examinations Scheduled?
- Minimize the Severity of the Injury – The defense uses the exam to say your injuries are not as severe as your treating doctor claims.
- Blame the Injury On Prior Conditions – The exam doctor will often ask you about prior issues or injuries to deny the existence of an injury or say you have a condition that existed before the crash.
- Assessing Credibility – Insurance companies often look for inconsistencies. Any disparity between your statements, medical records, and the exam report could impact the outcome of your case.
What to Expect During these Examinations
The process typically involves three steps:
- Medical Interview
The doctor will ask detailed questions about your injury, symptoms, treatments, and medical history. This helps them build a context for their evaluation. - Physical Examination
This part depends on your injuries. It may include a simple physical exam or more detailed testing. The exam must stay within reasonable bounds based on your case. - Report
Afterward, the doctor prepares a report for the defense. This document can be used during settlement discussions or at trial. You or your attorney can usually request a copy of the report to review its findings.
How to Prepare for an IME
If you’re injured, it’s likely you have a good grasp on what you’re feeling and what you’ll say, but there’s still certain things to keep in mind. It’s good to familiarize yourself with medical records ahead of time because consistency matters. If you’re unsure about something, it’s better to say you don’t know than to guess.
Remember to focus on the relevant details. Only provide information related to your injuries, and avoid volunteering unrelated personal or medical details. The adverse medical examination doctor is hired by the defense, so try to maintain your boundaries if certain questions seem irrelevant. Make notes afterward about the length of the exam, what the doctor asked, and what tests they performed. Consult with your attorney immediately after the exam. They can help you review the doctor’s report and address any discrepancies.
Injured? Melchert Hubert Sjodin, PLLP Has Your Back
The attorneys at Melchert Hubert Sjodin, PLLP, have the experience and knowledge to help you understand this process and protect your rights. Contact us at (952) 442-7700 for a consultation today.