If you have a pending personal injury case in Pennsylvania, you may be asked to undergo an independent medical examination (IME) at some point. Despite the word “independent,” the doctor who conducts the exam is usually hired by the insurance company or the defense. This appointment can play a big role in determining how much compensation you ultimately receive.
In this guide, we’ll explain what an IME is, why it might be requested, and how it could affect your personal injury claim in Pennsylvania. We’ll also provide tips for preparing so that you can protect your rights and interests.
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What Is an IME in Pennsylvania?
An independent medical examination is a formal evaluation of your injuries and overall health by a doctor who does not regularly treat you. The main goal of an IME is to provide an expert opinion on:
- The extent and cause of your injuries
- Whether your injuries are as severe as you claim
- Your current and future medical needs
- Whether your injuries actually relate to the incident in question
Insurance adjusters or defense attorneys often request an IME to gather evidence that might limit or challenge your claim. Because the opposing side hires the IME doctor, it’s important to remember that they are not looking out for your best interests.
Why an IME Might Be Requested
Pennsylvania insurance companies can request an IME if they believe more information about your injuries is needed. They might argue that there is a gap between your stated injuries and what your medical records show, or they may question whether the incident caused the damages you’re reporting. Sometimes, an IME is used as a strategy to reduce a settlement offer or to argue that you do not need further treatment.
In other situations, the request might come when your personal injury claim involves a lengthy or complicated recovery. If you’ve received extensive medical treatment, therapy, or surgeries, the defense might want a second opinion to see if all that care is truly necessary.
Who Chooses the Doctor for an IME?
Under Pennsylvania law, the insurance company or the defense in a personal injury case generally selects the medical professional who will conduct the examination. Because the opposing side is paying this doctor, questions about impartiality often arise. While most doctors will conduct the exam objectively, keep in mind that the defense’s goal is to pay out as little as possible.
You typically don’t get to pick which physician handles the IME. However, you can discuss the credentials of the chosen doctor with your lawyer. If the doctor isn’t qualified or if there’s a serious conflict of interest, your attorney may be able to challenge the choice in court.
Preparing for Your Independent Medical Examination
An IME can feel stressful if you’ve never gone through one. It is critical that you get legal advice prior to undertaking the IME. Taking a few steps beforehand can help ensure you’re ready, such as reviewing your medical history, gathering documentation, and more.
Your lawyer should give you guidance on what to expect that is tailored to the facts of your case. If you’re well-prepared, the IME can go more smoothly.
How an IME Can Affect Your Personal Injury Claim
A negative IME report has the potential to reduce the value of your claim. If the doctor concludes that your injuries are mild or unrelated to the accident, the opposing side might use that conclusion to argue against covering your medical bills or lost wages. They may also try to claim that your future treatments aren’t necessary or that you can return to work sooner than your own doctors recommend.
Conversely, if the IME doctor’s findings align with your treating physician’s opinion, it can support your case. Either way, the IME report might become evidence during settlement talks or in court. Your attorney can challenge an IME they believe is biased by deposing the IME doctor or hiring their own medical expert.
Contact a Personal Injury Lawyer in Harrisburg for a Free Consultation
An independent medical examination may feel intimidating, especially when it’s arranged by people who want to minimize your claim. However, knowing your rights and preparing in advance can help you navigate the process more confidently. An experienced attorney will understand IME procedures in Pennsylvania and can advise you on how best to respond to any exam requests.
If you have questions about an upcoming IME—or about any aspect of your personal injury case—get in touch with Marzzacco Niven & Associates. We offer a free consultation, giving you the chance to learn about your legal options without any financial risk.