Injury Law: “IME” -You’re Ticket to Recovery

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Injury Law

IME is the short form of Independent Medical Examinations. Though it is an independent examination, it still has vital importance in the book of injury laws.

Independent medical report usually generated to determine the cause and treatment of an injury. But in a court of law, it validates the victim’s claims about an injury.

John Wooden said that, “It’s the little details that are vital. Little things make big things happen.” And IME can be a perfect example for that quote. And that is because this paperwork can turn the radar of a whole case.

Role of IME

As I said, IME plays an important role in injury cases. And here are some good reasons to support that:

  1. IME is carried out by an independent physician. This makes the report authentic.
  2. To determine a fair amount of damage recovery, IME is compulsory.
  3. IME is not biased towards any parties of a case. Thus it ensures justice as well.

Do know what is the base of a case? It is suing. Almost all cases got one party is charging another for some claim. And suing one another is the primary objective. And the reason is simple, to get what one claims. Suppose Neal charges Morris for a personal injury. So Neal claims $300, which is calculated according to the physical damage. But Neal’s physician may be biased towards him. In that case Morris demands an IME by an independent physician to make sure that is the actual amount of caused damages.

Eligibility of IME

If a person refuses to provide an IME, then he or she can’t be forced to do so. IME is compulsory in demand only if the victim signed a contract with an insurance company where the term was included in the agreement.

Accident law of most states issues that IME can be issued in some certain situations. But IME can be issued on other lawsuits also. As an example, to determine the mental condition of a person who wants to work after an accident.

Conclusion

IME can be effective in a lot of angles of a case. But usually an IME is required for major cases, where larger amount of settlements are involved. It’s because some people don’t have problems paying for the damages, but it’s their right to know whether the injury is legitimate to claim.

So in a brief description, independent medical report is another tool of law to ensure justice.

Stephen Zee

11 Comments
  1. Andrew McCarthy

    March 1, 2015 at 8:33 pm

    Most often, an IME is requested by the insurance company because it disagrees with your course of treatment or your permanent disability rating, as determined by your treating doctor (the one who regularly treats you for your work related injury). If this is the case, the IME is usually performed by a doctor selected by the insurance company. These doctors are paid by the insurance companies and often rely on the insurance companies for referrals. As a result, they have an incentive to minimize the scope of your injury to lower your workers’ comp award. In some states, you may also have the right request a medical examination when you disagree with your treating doctor’s opinions. In this situation, you can usually select the doctor who will perform the examination.

  2. Richardson Harris

    March 2, 2015 at 4:32 am

    You should ask to review any letter sent to the IME doctor by the insurance company. That way you can correct any factual mistakes and make sure that the questions asked are appropriate in your case. Whenever possible, you should make your request in writing and file a copy with the state agency in which your workers’ comp claim is pending. If you have been asked to undergo an IME, you should consider consulting with a workers’ comp attorney. Unless your case is simple or your injuries are minor, you may need the assistance of a lawyer if the insurance company is challenging your treating doctor’s opinions.

  3. Wanda S.

    March 3, 2015 at 7:12 am

    An IME can have a large impact on your case. IME doctors are often viewed as “experts,” and their reports may be given significant weight by workers’ comp judges and hearing officers. Because they aren’t involved in your treatment, they are also seen as more objective, although that’s often not the case. For these reasons, it can be difficult to discredit an IME doctor’s expert opinion. During the examination, the doctor will likely start out by asking you about how your injury happened, what your relevant medical history is, and the course of your treatment so far. To prepare, you may want to go over your notes and review the timeline of what happened between your accident and the IME.

    • STRUCTURED SETTLEMENTS

      April 16, 2015 at 5:44 pm

      Thats why we suggest to take the IME topic seriously.

  4. Donna Willson

    March 5, 2015 at 6:50 am

    Before the examination occurs, your medical records and any other documents relevant to your injuries (such as your injury report or statements you’ve given in your case) will be sent to the IME doctor. The doctor will decide whether to review the documents before or after the examination. If there is a hotly contested issue in your case, the insurance company may write a letter to the doctor explaining your injury, summarizing your course of treatment to date, and posing specific questions about your medical condition. These questions are used to frame the issues for the doctor. For example, the doctor may be asked his or her opinion about whether your current symptoms are related to your work accident or whether a surgery recommended by your treating doctor is necessary.

  5. Timothy Roger

    March 6, 2015 at 5:56 am

    You should ask questions about your condition and any potential treatment options that might help. If the IME doctor will be giving you a permanent impairment rating, you should ask how the doctor will calculate the rating. You should also be sure to tell your doctor about any areas of your body that are still in pain and about any activities that you still have difficulty performing. Once your physical examination is done, the IME doctor will write a report and send it to all parties. You should request a copy of this report and read it carefully so that you can point out any factual mistakes in your treatment or medical history.

  6. Patricia Thomas

    March 7, 2015 at 10:38 pm

    As far as I know, there are some situations where it will be effective to challenge the IME report. For example, if the doctor’s opinion is based on incorrect information about your medical history or there is some other factual mistake, you should make that clear right away. You should write a letter to the doctor and the insurance company explaining the factual mistake and supporting it with documentation from your medical records, if possible. You should request that the doctor clarify his or her report through an addendum. In some states, you can also request a second medical examination, performed by a doctor of your own choosing.

  7. Gordon T.

    March 8, 2015 at 5:43 pm

    An independent medical examination (IME) is a medical evaluation that is used to resolve questions about your medical condition, including what treatment is necessary and the degree of your permanent impairment, if any. An IME is most often requested by the insurance company when there is a question about what treatment you need or what permanent disability rating you should be given. In some cases, the judge or hearing officer assigned to your case may also order an IME to resolve a disputed issue related to your case. Also, an IME is supposed to be an objective assessment of your medical condition, including what treatment you need, whether you have a permanent impairment and to what degree, and your ability to work in the future. However, whether your IME is truly objective may depend, in part, on how the IME doctor is selected.

  8. Philip Martin

    March 9, 2015 at 1:40 pm

    If there is a dispute about your medical condition in your workers’ comp case, the insurance company may ask you to undergo an independent medical examination (IME) by a doctor of its choosing. IME doctors provide reports that carry legal weight and can be used as evidence at your hearing to establish the degree of your permanent disability and how much you should receive in benefits. Because the outcome of these exams can greatly affect your workers’ comp case, it’s important to know the general purpose of these medical exams and how to prepare for them.

  9. Broody Johnson

    March 11, 2015 at 4:24 pm

    If you dispute the statements in the IME report and cannot get the issue informally resolved, and the IME is being used against you to limit or cut-off your benefits, you should consult with a workers’ compensation attorney right away. An attorney can help protect your interests by filing objections, scheduling a deposition to question the doctor, or requesting another examination.

  10. Darrin

    March 12, 2015 at 4:33 pm

    Okay so i got into a really bad injury a few months back, and I did not mistaken to fight a lawsuit alone. And my attorney finally got me a nice settlement :) :)

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