An IME is an independent medical evaluation that is used to resolve questions about your medical condition for purposes of a workers' comp claim. States have different rules on who chooses the doctor to perform the IME. In some states, the insurance company picks the doctor. In others, the doctor will be randomly selected from a list.
An Independent Medical Examination (IME) is an attempt to confirm – or more likely, to dispute – the treating doctor’s management and care recommendations for an injured worker. The Independent Medical Examiner is supposed to act as a neutral third-party who reviews the medical records presented by the treating doctor; conducts tests to ...
The habit and custom of insurance-retained attorneys is to refer to this exam as an “IME,” which means independent medical exam. Unfortunately, there is nothing independent about it. A good Plaintiff’s attorney will object to this characterization and insist that if the case goes before a jury, the defense attorney must refrain from using the term “independent.”
Performing IMEs (Independent Medical Examinations) on behalf of insurance companies and attorneys is a great way to both earn additional income and diversify your practice. This work involves examining injured workers in workers’ compensation and personal injury cases and issuing a written report on your findings.
Checklist for Preparing for Your Independent Medical Examination (IME)Be Appropriately Cleaned, Groomed & Dressed. ... Arrive at Least 30 Minutes Early. ... Be Familiar with Your Medical History. ... Be 100% Honest – Don't Exaggerate Your Injuries.More items...
Insurance Medical Examination is a form of discovery in which the defense has the right, with limited exceptions, to have their own medical expert examine and assess the plaintiff's injuries.
within 10 daysThe IME exam generates a report that is sent to all parties generally within 10 days. The report may or may not agree with your doctor and often will vary, especially in assessing your degree of disability. When the carrier receives the report, they will typically request a hearing to change the level of benefits paid.
Generally, the IME report is sent to the insurance company within 30 days or so of the examination.Dec 2, 2015
Independent Medical ExamWhat Is an Independent Medical Exam? An IME is defined as “the evaluation of an injured party that utilizes a third party, independent medical professional to issue an unbiased opinion on the injury.”
In my experienceabbreviation. informal. In my experience. 'it's quite effective IME'
In New York, workers' compensation insurance companies are entitled to request and conduct an independent medical examination (IME) to verify the findings of the treating doctor. But the real purpose of the IME is to find evidence they can use to reduce or terminate your benefits.
about 30 daysAfter the IME, the doctor will issue a report. Usually, that takes about 30 days.Oct 2, 2018
What Not to Say to the Independent Medical Examination DoctorDo not ask the physician for a diagnosis. ... Do not exaggerate the symptoms of your injuries or occupational illness. ... Avoid saying more than you should.Dec 25, 2018
Independent Medical Examination. An Independent Medical Examination (IME) is an attempt to confirm – or more likely, to dispute – the treating doctor’s management and care recommendations for an injured worker. The Independent Medical Examiner is supposed to act as a neutral third-party who reviews the medical records presented by ...
Don’t agree to any written tests or visits to another doctor’s office for further examinations. IMEs usually take around 30 minutes, but could be over in 10 minutes. Make a note of how much time was spent. There is only so much “history” an examining doctor can absorb from one meeting with a patient.
If your case goes to trial, what happens during an IME is crucial to the outcome. You could be denied benefits because of what an independent medical examiner concluded from his examination. Be prepared to dispute any conclusions.
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The Independent Medical Examiner is supposed to act as a neutral third-party who reviews the medical records presented by the treating doctor; conducts tests to substantiate or counter those findings; recommends future care needs and offers an opinion on what medical benefits, if any, the employee should receive in the future.
There is nothing wrong with a simple “Yes” or “No” response. If you’re not sure about the question, ask the doctor to clarify it. There is no reason to take more x-rays or MRIs or anything beyond simple, physical tests to verify (or contradict) the results your treating physician already documented.
Keep your appointment. Your failure to attend the exam may result in the suspension of payment of your medical bills.
The doctor will probably start out by asking a series of questions about the accident and your injuries. It's best to answer these questions the same way you'd respond in a personal injury deposition. For example:
Specific examination procedures in an IME will vary depending on the nature and extent of your injuries and the doctor's preferences and practices. But here are a few things to avoid:
Once the exam is over and you have left the doctor's office, prepare a written summary of everything that happened, while it is still fresh in your mind, including:
When physicians give testimony as experts or as treating physicians in nonmalpractice cases, they are generally entitled to compensation for their time. Physicians err when they do not confront this issue before the deposition; neglecting to do so can lead to fee disputes after the fact.
Requests to take a physician’s deposition usually come via a telephone call or a letter from one of the lawyers involved in the case. Physicians who are a party to a malpractice action will be notified by their own lawyer of the deposition request. Physicians sometimes ignore or avoid these requests in the hopes that they will go away. This tactic will not work. A lawyer has the option of serving on a physician a subpoena that requires the physician’s attendance for the date, time, and location indicated in the subpoena. This requirement gives the physician no say as to when and where the deposition will be held, or on what terms. Moreover, failure to obey a subpoena can result in monetary or other sanctions from the court.
In normal conversation, it is human nature to interrupt, to nod or shake one’s head rather than respond verbally, and to answer questions with responses such as “uh-huh” or “nope.” Depositions are not normal conversations, however. The court reporter needs to take down the testimony. It is difficult for the reporter to record nonverbal responses or two people talking at once. Lawyers often start depositions by going through the ground rules, which are typically stated as follows: 1 Please make sure you understand the question before you answer. 2 If you don’t understand the question, ask that it be rephrased. 3 Wait until the question is finished before you give your answer. 4 Answer verbally rather than with a nod or shake of the head. 5 If the question asks for a “yes” or “no” answer, please answer “yes” or “no” as opposed to “uh-huh” or “nope” or a similar response.
Moreover, failure to obey a subpoena can result in monetary or other sanctions from the court. Action Step A physician who is asked to give a deposition should accept the inevitable and cooperate with counsel in scheduling the deposition for a time and place that is convenient for the physician.
A deposition is a legal proceeding. The physician who is deposed (the “deponent”) gives testimony under oath. Although most depositions are held outside of a courtroom, the proceedings are serious and the consequences of testimony can be significant for both the patient and the physician. Physicians need to know exactly what they are getting into before they raise their right hand, swear to tell the truth, and testify.
Depositions can be stressful, particularly when the physician is the target of a malpractice claim. Physicians who avoid making the following mistakes will be able to get through a deposition with relatively little pain.
Physicians often get in trouble when they guess or speculate in response to deposition questions. This commonly occurs when a physician is asked whether he or she remembers a specific fact concerning the medical care that was provided to the patient. Physicians often don’t remember the specifics of treatment beyond that which appears in the chart, and many times the charting is less than complete. It is a mistake to guess or speculate based on what a physician thinks he or she may have done. Another common example is when a physician testifies concerning treatment that was provided by another physician or is otherwise outside the personal knowledge of the deponent. If the truthful answer is “I don’t know” or “I don’t remember,” then that should be the response.