Question 1

What is an Independent Medical Examination (IME)?

Accepted Answer

An Independent Medical Examination (IME) is a third-party medical evaluation requested by a defense attorney, insurance carrier, or employer to obtain an objective medical opinion regarding a plaintiff’s injury, diagnosis, or treatment plan. The evaluating physician is not involved in the plaintiff’s care and is retained solely to assess the case from a neutral, clinical standpoint.

Question 2

Why is an IME important in a defense case?

Accepted Answer

An IME provides critical value by:
Offering an independent evaluation of the plaintiff’s injuries or claimed impairments
Assessing whether the condition is causally related to the incident in question
Identifying pre-existing conditions or alternative explanations for symptoms
Evaluating maximum medical improvement (MMI) and future treatment needs
Providing rebuttal evidence to challenge a treating physician’s narrative or damages claims

The IME often becomes a key piece of evidence in depositions, settlement negotiations, or trial.

Question 3

When should an attorney request an IME?

Accepted Answer

IMEs are typically requested:
When the plaintiff’s injuries or treatment plan seem excessive or inconsistent
If there’s reason to suspect pre-existing conditions
To evaluate functional capacity or disability status
Prior to mediation or trial to strengthen your expert testimony or refute the opposing expert

Early strategic planning allows time to select the right expert and prepare for cross-examination of opposing medical opinions.

Question 4

Who selects the IME physician?

Accepted Answer

The defense counsel or insurance carrier typically selects the IME physician. Selection should be based on:
The expert’s specialty and credentials
Experience in litigation and ability to write strong, defensible reports
Credibility and demeanor as a potential trial witness

A good IME physician is both clinically sound and litigation-savvy.

Question 5

What does the IME include?

Accepted Answer

Review of prior medical records, imaging, and treatment history
A physical examination of the plaintiff
A written IME report addressing diagnosis, causation, extent of injury, disability (if any), and treatment necessity
Potential deposition or testimony, if needed

This report becomes a core defense document and is often used in motion practice and settlement evaluation.

Question 6

Can the IME doctor provide treatment or follow-up care?

Accepted Answer

No. The IME provider is strictly an evaluator and does not establish a patient-doctor relationship or offer treatment.

Question 7

What should I advise my client or insurer to expect after the IME?

Accepted Answer

A written report typically issued within 2-4 weeks.
A chance to review the findings and determine how it supports or challenges the plaintiff’s case
Potential use in depositions, mediation, or trial presentation
If helpful, prepare to disclose the report and designate the IME physician as a testifying expert

Question 8

What if the plaintiff refuses to attend or cooperate?

Accepted Answer

In most jurisdictions, a court can compel attendance through motion practice, especially if the plaintiff places their medical condition in controversy. Noncompliance may result in sanctions, evidence exclusion, or dismissal of claims.

Question 9

What are some common pitfalls in IME strategy?

Accepted Answer

Waiting too long to request the exam
Choosing a physician with limited litigation experience or poor courtroom presence
Failing to align the specialty with the nature of the alleged injuries
Allowing vague or overly broad exam requests without specific case objectives

A strong IME strategy requires planning, clear objectives, and the right expert.

Question 10

How can I make the most of the IME in my defense case?

Accepted Answer

Choose an expert who is credentialed, communicative, and credible
Submit a targeted cover letter with case background and focused questions
Review the report for inconsistencies, opportunities, and red flags
Prepare the IME doctor for deposition or trial testimony, if necessary
Use the IME to support motion practice, damages analysis, or settlement leverage

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What Attorneys and Clients Need to Know