PERSONAL INJURY 101: What is an Independent Medical Exam?
An Independent Medical Examination (IME) is a form of discovery where the defendant can have a physician other than your treating physicians examine you and report about your condition. (Discovery is the process that allows each side to learn (discover) what witnesses, evidence, and arguments the other side will make if the case proceeds to trial.) The Indiana Rules of Civil Procedure allow a defendant to request an IME and nominate an examiner. Though it is called an “independent” medical examination, the defense will often try to get an examiner who they know is biased against plaintiffs, or who derives most of his or her income from testifying for defendants or insurance companies. If the defense proposes a biased or unfair physician, we can object and the Court will have to decide whether you can be required to see the physician. An independent medical examination is not necessarily a bad thing: often the independent examiner will agree with your physician about you injuries and condition, which will help your case.
