If you’ve been injured and filed a personal injury claim in Maryland, the insurance company or the defense might request an independent medical examination, or IME. This is a medical evaluation performed by a doctor chosen by the defendant, not your own physician.
While the word “independent” may sound neutral, it’s important to understand the real purpose of an IME. These evaluations are typically used by the defense to question the extent of your injuries or argue that they weren’t caused by the accident. That’s why it’s essential to take this part of the process seriously and know what to expect.
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When Are Independent Medical Examinations Required?
An IME often comes up after a personal injury lawsuit has been filed and the case enters the discovery phase. In Maryland, Rule 2-423 of the Maryland Rules of Civil Procedure gives a party the right to request a physical or mental examination of the plaintiff if their condition is in dispute and the request is reasonable.
These exams may be requested in cases involving:
- Car accidents
- Slips and falls
- Workers’ compensation
- Medical malpractice
- Any injury where physical or mental harm is claimed
You generally cannot refuse an IME outright if ordered by the court. However, your attorney can object to unreasonable terms, such as repeated exams or irrelevant evaluations.
What Happens During the Examination?
During the IME, the doctor will review your medical history, ask questions about your accident, and perform a physical examination. They may also ask you how the injury has impacted your daily life or work activities. The process usually takes less than an hour, though it depends on the nature of the injury.
Unlike a regular doctor’s appointment, this physician is not there to treat you. Their job is to evaluate your condition from the perspective of the defense, and they’ll prepare a report for the insurance company or opposing legal team.
That report may include:
- Whether your injury is consistent with what you’ve claimed
- Whether your condition could have been preexisting
- How serious the injury is
- Whether you need ongoing treatment
The findings could be used against you if they conflict with your own medical records or the opinions of your treating doctors.
Tips To Prepare for an IME
You should treat an independent medical examination like a legal event, not just a medical appointment. What you say and how you act can be used during your case.
Your lawyer will help you go over what to expect, but here are a few key tips:
- Be honest and consistent. Don’t exaggerate or downplay your symptoms.
- Stick to the facts. Only answer what is asked and don’t offer unnecessary details.
- Know your medical history. Be prepared to talk about your injury and treatment without confusion.
- Be polite and cooperative. The doctor may observe your demeanor and include it in their report.
- Do not discuss the case. Avoid talking about legal matters or settlement offers during the exam.
If the doctor asks unusual questions or acts inappropriately, make a note of it and report it to your attorney afterward.
Can You Challenge the IME Results?
Yes. If the IME doctor writes a report that downplays your injury or claims that your accident wasn’t the cause, your attorney can take steps to challenge it.
This might include:
- Presenting testimony from your treating physician
- Submitting updated medical records
- Cross-examining the IME doctor during the trial
- Pointing out inconsistencies or bias in the report
Maryland courts generally recognize that IME doctors are paid by the defense and may have an incentive to write reports that benefit their client. That’s why the opinion of your treating doctor often carries more weight, even more so if they have treated you over a longer period of time.
How a Maryland Personal Injury Lawyer Can Help With an IME
A personal injury lawyer plays a critical role in protecting your rights before, during, and after an IME.
Your attorney can help in the following ways:
- Make sure the exam is legally justified and limited in scope
- Provide clear instructions on what to expect and how to behave
- Object to improper requests or multiple exams
- Prepare a response to a biased or inaccurate report
- Cross-examine the IME doctor if your case goes to trial
With experienced legal support, you’ll be in a much stronger position to ensure the IME doesn’t unfairly hurt your claim.
Contact Our Baltimore Personal Injury Lawyers for a Free Consultation
An independent medical examination can have a big impact on your case, especially if the insurance company uses it to question the validity of your injury. The best way to protect yourself is by working with a knowledgeable Baltimore personal injury attorney.
If you’ve received notice of an IME or expect one to be scheduled soon, reach out to WGK Personal Injury Lawyers right away for a free consultation. You can contact us online or call (410) 837-2144. With the right guidance, you can go into the process with confidence and avoid common mistakes that might otherwise weaken your case.
