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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.

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.

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.

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.

• 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.

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

• 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

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.

• 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.

• 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