An independent medical exam (IME) is a critical component in many personal injury, workers’ compensation, and disability cases in Massachusetts. The IME serves as a tool for insurance companies or employers to assess the validity of a claimant’s injury or illness. While the process may seem straightforward, understanding what to expect can help you prepare and protect your rights.

What is an Independent Medical Exam?

An independent medical exam is an evaluation conducted by a physician who is typically chosen and paid for by the opposing party in your claim—such as an insurance company or employer. The goal of the IME is to:

• Assess the extent and cause of your injury or illness.
• Determine whether the injury aligns with your version of events.
• Evaluate whether you can return to work and, if so, under what restrictions.
• Establish whether the medical treatment you’ve received was necessary and reasonable.

It is important to note that the term “independent” can be misleading. The physician conducting the IME is not your doctor and is not necessarily looking out for your best interests.

Preparing for the IME

Preparation is key to navigating the IME process effectively. Here are a few steps to consider:

1. Review Your Medical Records: Before the exam, familiarize yourself with your medical history and treatment details. The IME doctor may ask questions about past injuries, pre-existing conditions, or your treatment plan.
2. Bring Relevant Documents: Carry all relevant medical records, diagnostic results, and a list of medications. This ensures the doctor has a clear understanding of your medical condition.
3. Practice Your Explanation: Be ready to explain how the injury occurred, how it affects your daily life, and the type of treatment you’ve received. Keep your responses consistent with prior statements made in your claim.
4. Dress Comfortably and Respectfully: Wear clothing that allows the doctor to easily assess your injury while maintaining a professional appearance.

What Happens During the Exam?

The IME typically begins with a review of your medical history, followed by a physical examination. Below are the standard steps involved:

Medical History Review

The doctor will likely ask about:

• The details of your injury or illness.
• Any pre-existing conditions that could influence your claim.
• Your current symptoms and limitations.
• The treatment you’ve undergone so far.

Physical Examination

The physical exam will vary based on the nature of your injury but may include:

• Mobility or range-of-motion tests.
• Evaluations of pain levels or physical limitations.
• Diagnostic assessments, such as X-rays or scans, if applicable.

Observations

The IME doctor may also observe your movements and behavior during the appointment. They may note how you walk, sit, or perform tasks to gauge whether your actions align with your reported injury.

What to Avoid During the IME

The IME is not just about the physical exam; your demeanor and communication also play a role in how your case is assessed. Keep these tips in mind:

Avoid Exaggeration:

Stick to the facts when describing your symptoms. Any exaggeration can harm your credibility.

Don’t Volunteer Unnecessary Information:

Answer the doctor’s questions directly and succinctly. Offering too much information could lead to misinterpretation.

Stay Polite but Firm:

While the doctor may not be on your side, maintaining professionalism ensures a smoother experience.

What Happens After the IME?

After the IME, the examining doctor will prepare a report summarizing their findings and conclusions. This report may cover:

• Whether the injury aligns with the described incident.
• The necessity of current or future medical treatment.
• Recommendations for returning to work, if applicable.
• Disputes regarding the severity of the injury or illness.

The report is then shared with the insurance company, employer, or opposing counsel and may significantly impact the outcome of your claim.

Common Concerns About IMEs

It’s natural to feel apprehensive about the IME process. Below are answers to some common concerns:

Q: Is the Doctor Truly Independent?

A: No, the doctor is often selected by the opposing party and may have a bias toward minimizing claims. However, you can challenge their findings if discrepancies arise.

Q: Can I Bring Someone With Me?

A: In Massachusetts, you may be allowed to have a witness or attorney present, depending on the circumstances of the case. Check with your lawyer beforehand.

Q: What if I Disagree With the Report?

A: If the IME report contradicts your own doctor’s findings, your attorney can contest its validity. This may involve submitting additional medical evidence or obtaining testimony from your treating physician.

Your Rights During an IME

Massachusetts law provides claimants with certain rights during the IME process. For example:

• You are entitled to know the name and specialty of the examining doctor ahead of time.
• The exam should be conducted at a reasonable location and time.
• You are not required to undergo unnecessary or invasive procedures.

If you feel that your rights were violated during the IME, consult your attorney immediately.

Conclusion

The independent medical exam is a pivotal moment in your case, and proper preparation can make a significant difference. It is essential to review your medical history and treatment details beforehand, remain honest, consistent, and professional during the exam, and understand that the IME doctor is not working on your behalf and may have biases. Additionally, collaborating closely with your attorney to thoroughly review and, if necessary, challenge the IME findings is vital. By staying informed and proactive, you can navigate this process effectively and safeguard your claim.

Injured? The Office of Brandon J. Broderick, Personal Injury Attorneys, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence. 

Contact us now for a free legal review.