An independent medical examination (IME) has conducted an examination by a physician (usually employed by an insurance company) because you have a claim or action and it is a dispute of your physical or mental condition.
Personal injury action () as a plaintiff;
New York No-Fault insurance claim (from a car accident);
Worker's Compensation claim, or
The disability benefits avail.
You should know something about the IME.The "other side" - usually an insurance company - has chosen the doctor. In general, the doctor a medical specialty in the area where the injured person, the injuries are. Thus a claim for a broken arm or leg should cause you see an orthopedist, an eye injury, an ophthalmologist, broken teeth, a dentist, and so on. You may be required to undergo more than one IME visit to the doctors with various specialties. After examining the IME doctor, a report that will be sent the order to writethe insurance company or a law firm that hired him or her. As a rule, then a copy sent to your attorney.
IMEs are not really independent. "The doctor examined you has been paid by the insurance company and he or she knows that show a continuity of the company to write insurance on the findings and reports that will minimize your exposure for that depends on the welfare and benefit of the companies to pay the bill. This can lead to excesses such as reports disclosing additional tests with negativeResults that have never performed in practice or the patient complained of pain or restrictions / limitations and the IME doctor agreed with this person but then write a report that this information is omitted. The IME report can also, as it was to read someone else with various injuries, which was tested.
Remember, an IME doctor does not try to help the injured accident victims better or cured. An IME physician employed to punch holes in the petitioner or applicantCase.
How they behave and what to expect on an IME examination.
Arrive a little early. You may be asked to fill out a medical history to make.
Do not be opposed to the IME doctor; cooperative. Questions about the accident will be questioned by the examining physician. Your answers should be kept short. You should bring a pad and pen and write down how long the test takes and what tests are based out on you. This information should be made available to your lawyerthereafter.
You can write a list of what hurts you and when and if you have any physical or mental limitations, together with the medical tests that have led to positive results, whether any prescription drugs and why, and bring it with you You take the IME.
During the IME, tell the doctor if it hurts. If something hurts, do not lie. You can claim for damage or because the doctor will usually know it.
You do not have to submit to invasive testingsuch as X-rays, or take any injections.
Watch out for tricks. The physician can see something fall to see if you can bend and pick it up. You will also be observed in and out of the examination table. You can videotape the subject of surveillance by the insurance company "So, if you go to the IME with a stick or a crutch, let's damn sure you use the cane or crutch when to leave you.
In case you're curious. IME examinations at No-Fault, or disability insurance has been obtained fromYour current insurance policy under which state that you are supporting with the insurance company's investigation of your claim.
If an accident or injury claim, the applicant injured his illness brings into question of damages. The defense is entitled to an IME in order to defend against the claim of the plaintiff to injury. This law is the law in New York 's (written down) Right to Civil Law and PracticeRules § 3121 (a), which states:
Notice of the examination. After the commencement of an action in which the mental or physical condition or the blood relationship of a party or an agent, employee or a person in custody or under the legal control of the party is in controversy, any party may serve notice on another party before, the physical, mental or blood examination designated by a physician or after such investigation to be agents, employees or the person in custody or produceunder his legal control.
This right is also found in New York's Court Rules, 22 NYCRR 202.17 (a), which states:
At any time after connecting the output and service with a bill of particulars, the party examined or any other party may, on all other parties a notice fixing the time and location of test used.
If you have specific questions, you should check with your attorney.
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