Nothing Independent about so-called IME's

When you have either a No-Fault claim, a Workers' Compensation claim, or a negligence lawsuit, the insurance carrier will likely want to have you examined by a doctor of their choice, sometimes by more than one doctor. They will generally want to have you examined by a doctor in the same specialty(ies) as the doctor(s) treating you for your injuries. The insurance carriers and defense counsel refer to these as IME's, or Independent Medical Examinations. This term is quite misleading, as there is nothing independent about the examination(s) performed on behalf of the insurance carrier. In reality, the insurance carrier either designates the doctor(s), or uses a company which has as its sole reason for being, the scheduling of insurance examinations and furnishing the reports of the examinations. The doctors who perform examinations for the insurance carriers, either directly, or indirectly through the companies that exist to set up the examinations, know that their fee is paid by the insurance carriers. They also know that if their reports too often state that the claimants in an insurance claim, or the plaintiffs in a lawsuit, have significant injuries as a result of the accident that is the subject of the claim or lawsuit, the insurance carrier will not want to use them for reports in the future. These doctors receive handsome fees for performing these insurance examinations and writing reports. Obviously, the examination is the furthest thing from an INDEPENDENT examination.

Words have meaning. If an attorney for a plaintiff goes along with the defense attorney and the insurance carrier calling the examination performed for the defense in a lawsuit, an "independent medical examination", that sets the wrong tone, and lends credence to the report that it should not be given. That is why many plaintiffs' attorneys are calling these examinations Defense Medical Examinations, or DME's. This trend has caught on with many of the judges, who know full well that there is nothing independent about the DME's. Some judges have even been known to lecture defense counsel when defense counsel refers to an "IME", pointing out that the examination is not independent.

The once ingrained term, IME, or Independent Medical Examination, is being challenged, and shows signs of falling by the wayside. This is a positive development, and has come about because some people have insisted on accuracy and honesty in calling these examinations what they really are!

Daniel A. Kalish, Personal Injury Law Blog

Hello and welcome to my blog. This is my first entry. I will be making entries in this blog in an effort to educate, entertain, and inform. Although my practice is concentrated in the area of personal injury law, I will also make entries in this blog pertaining to the legal system and perhaps, occasionally, other areas of law besides personal injury. Be advised that this is a blog and not a private legal consultation, and as such, nothing contained in this blog constitutes legal advice. If you wish to consult with me about a potential case, please call me at (914) 761-6177.