What Is an Independent Medical Examination?

An Independent Medical Examination (IME) is a medical evaluation requested by an insurance company, typically performed by a doctor of their choosing. Despite the name, these exams are anything but "independent."

The purpose of an IME is to obtain a medical opinion that the insurance company can use to deny, reduce, or terminate your benefits. The examining doctor is paid by the insurance company and often has a financial incentive to minimize your injuries.

The Truth About "Independence"

Studies have shown that IME doctors who consistently find in favor of claimants quickly stop receiving referrals from insurance companies. The financial reality creates an inherent bias, even if unconscious.

When Can They Request an IME?

Insurance companies typically request IMEs in these situations:

Your obligation to attend depends on your policy language and the type of claim. In many cases, your policy includes a "cooperation clause" that may require you to submit to a reasonable medical examination.

California Note

Under California law, an insurer may request a medical examination when the claimant's medical condition is in dispute. However, California courts have held that the examination must be conducted reasonably. Cal. Code Civ. Proc. section 2032.020 governs IMEs in litigation. Key protections include:

  • You can have an observer present (such as an attorney or nurse)
  • The exam must be conducted within 75 miles of your residence
  • You can record the examination (audio or video)
  • You're entitled to a copy of the examiner's report

Your Rights During an IME

Many claimants don't realize they have significant rights before, during, and after an IME. Know these rights and exercise them:

Right to Advance Notice

You're entitled to reasonable notice before the exam, including the doctor's name, specialty, and location.

Right to Reschedule

If the time or location is unreasonable, you can request rescheduling. Document your request in writing.

Right to an Observer

In most states, you can bring a witness or have someone observe the examination.

Right to Record

Many states allow you to audio or video record the examination. Check your state's laws.

Right to the Report

You're typically entitled to receive a copy of the IME doctor's report and any notes.

Right to Limit Scope

The exam should only address conditions relevant to your claim. Refuse unrelated inquiries.

What Happens During an IME

Understanding the process helps you prepare and protects you from common tactics:

Arrival

Check-In and Observation

The insurance company may have someone watching how you arrive, walk from your car, and move in the waiting room. Some IME doctors specifically note how claimants behave when they think no one is watching.

History

Medical History Interview

The doctor will ask about your injury, symptoms, prior medical history, and daily activities. Everything you say will be in the report. Be accurate and consistent with your medical records.

Exam

Physical Examination

The exam is often brief; many IMEs last only 15-30 minutes. The doctor may perform range-of-motion tests, strength tests, and other evaluations. Some tests are designed to detect "malingering."

Report

Written Report

The doctor prepares a written report for the insurance company. This may take days or weeks. The report will contain opinions about causation, diagnosis, treatment, and prognosis.

IME Preparation Checklist

Do's and Don'ts for Your IME

DO:

  • Be honest about your symptoms and limitations
  • Be consistent with what you've told your own doctors
  • Describe your worst days, not just your best
  • Mention all symptoms, even ones that seem minor
  • Ask for clarification if you don't understand a question
  • Take your time answering questions
  • Report any pain during physical tests immediately

DON'T:

  • Exaggerate your symptoms or limitations
  • Minimize your condition to be polite
  • Make small talk or discuss your legal case
  • Sign any documents without reading them
  • Allow examinations beyond the scope of your claim
  • Guess or speculate about medical questions
  • Assume the doctor is on your side

Common IME Tactics to Watch For

The "Friendly Doctor" Approach

The examiner may be warm and conversational, making you feel comfortable. This can lead you to minimize symptoms ("I'm really doing much better") or make admissions ("I played golf once last month").

The Rush Job

Some IME doctors spend only 10-15 minutes with you, then write a lengthy report. They may skip thorough testing but reach sweeping conclusions about your condition. Document how long the actual exam took.

Leading Questions

"So you're able to drive without problems?" implies you should answer yes. Reframe: "I can drive short distances, but I experience significant pain after 20 minutes."

The Surveillance Trap

Be aware that you may be under surveillance before, during, and after the exam. How you walk to your car, whether you carry a heavy bag, how you move when you think no one is watching. All this may end up in the report.

Important: The Report Is Not Final

An unfavorable IME report is not the end of your claim. Your treating physicians' opinions typically carry significant weight, and IME reports can be challenged through rebuttal evidence, cross-examination, and your own medical experts.

After the IME: Next Steps

California Note

In California workers' compensation cases, you may be entitled to choose from a panel of Qualified Medical Evaluators (QMEs) rather than seeing an insurance company-selected doctor. This provides more balance in the evaluation process. See Labor Code section 4062.1 for details on requesting a QME panel.

Need Help With Your Insurance Claim?

I'm Sergei Tokmakov, a California-licensed attorney. If you have an IME scheduled and want to understand your rights, or if an unfavorable IME report is being used to deny your claim, I can help.

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