In California personal injury cases, many plaintiffs must undergo independent medical examinations (IMEs) to determine the extent of harm done. The results of these evaluations can significantly impact the outcome of their claims.
What Is an Independent Medical Exam?
When an injured plaintiff sues to recover damages, the defendant or the court may request an independent medical examination, or IME, to assess the harm done to the claimant’s well-being and health. These exams are also sometimes referred to as Defense Medical Exam. California law allows the defendant to choose a qualified and impartial specialist in the relevant area of medicine to conduct the evaluation. The IME should provide an independent and unbiased third-party assessment of the plaintiff’s injuries. It should explain the type and degree of harm done and its relationship to the incident that caused it. The practitioner involved will also assess the plaintiff’s current state of health, provide a prognosis, and make recommendations regarding future treatments.
What to Expect During an IME
When a defendant asks a plaintiff to undergo an independent medical exam, California Code of Civil Procedure § 2032.220 stipulates that the evaluation must meet two conditions. First, the exam should not be “painful, protracted, or intrusive.” Second, the plaintiff should not have to travel more than 75 miles from home for medical evaluation. Usually, the defendant or their insurance company must pay for the IME and its associated expenses.
At the scheduled time, the plaintiff will meet the appointed physician to begin their IME. During their medical evaluation, the physician will review the plaintiff’s medical records, assess their health, and conduct necessary diagnostic tests.
The examiner may gauge the plaintiff’s condition by accounting for the following factors:
The Plaintiff’s Appearance
The physician may watch how the patient walks, moves, behaves, dresses, and grooms themselves to look for signs of an injury or malingering.
Objective Signs of Harm
The physician may collect blood samples, take X-rays, or conduct other tests to verify claims of harm.
Subjective Signs of Harm
The examiner will listen as the plaintiff describes their pain and other symptoms. They will also test for reductions in mobility, flexibility, strength, and other indicators of health.
Signs of Deception
If an examiner notices that a plaintiff shows signs of an injury that seem to disappear later on during the medical evaluation, they will try to discern if their patient is unintentionally or intentionally exaggerating their malady.
Contributing Influences
The examining physician will look for and ask the plaintiff about their lifestyle to assess whether other behaviors or circumstances may have contributed to their injury.
How Impartiality Affects the Exam
California law requires the IME to be fair, so the examiner must be independent and impartial. The examining physician should not have any relationships, biases, or interests that could compromise their objectivity. The examiner must abide by specific ethical guidelines and standards and remain neutral.
How an IME Can Affect a Personal Injury Claim
After the IME is complete, the examining physician will prepare a detailed report for the defense. This document includes the physician's findings, medical opinions, and determinations on the plaintiff’s injuries, based on the available medical evidence. The information the report contains can affect the outcome of the plaintiff’s claim. Defense attorneys and insurance companies may use the report to challenge the plaintiff’s assertions about the cause or the degree of their injuries. However, it is important to note that the examination is required to be impartial; therefore, it’s possible that the report will support the plaintiff’s claims. In this case, the plaintiff’s attorney is likely to use the IME report to challenge unfounded statements the defense puts forth.
The Plaintiff’s Rights and Considerations
When preparing for an IME, plaintiffs should do everything they can to educate themselves about their legal rights and responsibilities. Plaintiffs have the right to have their attorney attend their exam, get a copy of the IME report, and challenge any assessments that contain bias or inaccuracy. California law requires the defense to provide a copy of the report to the plaintiff or their attorney without an unreasonable delay.
Before a plaintiff attends their IME, they should discuss the matter with an experienced attorney. A knowledgeable lawyer can coach the plaintiff to provide complete and accurate information and stay on guard. Although the law requires the examiner to be impartial, the defendant commissions their report. Therefore, it’s possible that the document will contain bias, despite the examiner’s best intentions.
For Best Results from Your Independent Medical Exam, Hire a Personal Injury Attorney
If someone injures you and you sue them for damages in California, you may need to undergo an independent medical examination to pursue your claim. IMEs provide statements about your health that can significantly influence the outcome of your personal injury case. A capable, experienced personal injury attorney can help you understand the legal importance of an IME and help you prepare for the evaluation. Learning about your rights and the potential impact of your IME can help you gain the confidence you need to win your case.
