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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