Dealing with injuries you sustained in an automobile accident or other personal injury incident is hard enough. Unfortunately, the situation is made even more difficult when your insurance company asks you to undergo an Independent Medical Exam (IME).
The name of this examination is misleading. It is far from independent since it is required by an adverse party who is only interested in minimizing their own liability. It is also not medical in nature since nothing learned from the exam will be used for treatment purposes. The objective of the independent medical examination is to create a justifiable excuse to deny your valid claim. Before attending your IME, contact our firm for help and advice.
What Is an Independent Medical Exam?
In its simplest form, an IME is a medical evaluation performed on you by a medical professional. The exam is often required as part of a personal injury claim. The doctor has not previously been involved in your treatment and is asked to evaluate your prior treatment and current condition.
There are pitfalls involved with an IME that could negatively impact your claim. The consequences could be devastating. An IME is an open invitation to dispute the nature and severity of the injuries you claim were caused by the accident. It can also be used to discredit your claim entirely.
An IME is a tool insurance companies use to limit their exposure and lower the payout you are due.
Am I Required to See an IME Doctor?
An IME is required primarily in two circumstances:
- When you claim the accident caused your injuries. The at-fault party’s representatives are hoping that the doctor reports that your reported injuries don’t exist, are not as severe as you claim, or your injuries weren’t caused by the accident.
- When your claim is filed under your no-fault car insurance. Your policy will probably include a requirement that you cooperate by attending an IME. In such an instance, if you refuse, your insurance company may deny your claim.
Whose Side Is an IME Doctor On?
Insurance companies choose and pay the IME doctors, so they don’t want practitioners who are truly independent. They prefer doctors who are likely to find discrepancies in your injuries and how they are affecting you as a result of the accident.
Some doctors also have a financial incentive to side with the insurance company that hired them. They command generous fees for performing IMEs – literally hundreds of thousands of dollars a year, and of course they want to keep this business coming in. For a number of reasons, IMEs are rarely helpful to a victim’s claim.
What Should I Do If I Need an Independent Medical Examination in Michigan?
When attending your IME, comply with the physician’s instructions and requests as long as they are reasonable and possible. We recommend that you do not discuss the circumstances of the accident in case that can be used against you.
Do be honest about your medical history, pre-existing conditions, and limitations caused by your injuries, but do not over explain or discuss injuries and circumstances that are not relevant to your accident injuries.
What Cases May Require an IME in Michigan?
If you are involved in any personal injury case that results in injuries, the other party can request an independent medical examination. Some of the common cases include:
- Accidents involving car, trucks, and motorcycles: Whether you are also driving one of these vehicles, or you are a pedestrian or bicyclist, you may have serious injuries after a collision.
- Slip and falls: Slip and fall accidents can cause significant harm, some of which may be difficult to see. Insurers may try to accuse you of faking your injuries and will likely request an IME.
- Dog bite accidents: Dog bites can leave victims with painful injuries that require multiple surgeries and other forms of treatments.
- Nursing home abuse: Vulnerable residents of nursing home can have many medical problems caused by neglect, and insurers may try to claim the injuries are not that serious.
If there are disputes over the results of your independent medical examination, our lawyers can assist you. The other party may think the results are inconclusive and request another exam, and we can push back on this request. If we believe the physician was unethical or unprofessional in their IME, we can dispute this on your behalf.
Laws About Independent Medical Examinations in Michigan
While the other party has the right to request an IME, there are certain laws and rules they must follow, per Mich. Comp. Laws Ann. § 500.3151:
- The IME physician must be a licensed physician. They can be licensed in Michigan or another state, as long as they meet the other criteria outlines in the statute.
- If you are being treated by a specialist, the IME physician must also be a specialist in the same area. Similarly, the doctor conducting the IME must be board certified in the same specialty if your provider is board certified.
- The IME physician must have participated in the “active clinical practice of medicine” or the “instruction of students in…medical school…residency… or clinical research…” in the past year. The physician must have spent the majority of their time in either of these activities. This also applies to doctors in c
- If the IME doctor is required to have a specialty, the above also applies to their clinical work or instruction in the specialty.
Michigan Court Rules 2.311 for examinations also apply. Our lawyers can make sure the IME meets all state requirements and laws to protect your right to seek compensation.
Christensen Law Can Protect You After Your Car Accident
When your health and your future are on the line, you need a law firm that will do whatever it takes. At Christensen Law, we know the tactics insurance companies use. We welcome the opportunity to build a strong case on your behalf and obtain the compensation you need to fully recover from your injuries.
You can focus on healing, knowing we are on your side. Your initial consultation is free; call us today to learn more.
