What Is an Independent Medical Exam?

An Independent Medical Exam is a medical evaluation conducted by a physician who has not previously treated the injured individual. This doctor is typically hired by the insurance company or defense team to evaluate the extent, cause, or permanence of an injury. Unlike a treating physician, an IME doctor's role isn't to provide care but to offer an objective opinion that can be used in legal proceedings or settlement negotiations.

Key Differences from Regular Medical Exams

• No doctor-patient relationship is established
• No treatment or follow-up care is offered
• Findings are often used to support or challenge a claim
• Reports can influence settlements or judicial decisions

When Are IMEs Legally Required in Florida?

Workers' Compensation Cases

In Florida's workers' compensation system, insurance carriers have the right to request an IME to verify the validity of a claim or clarify disputed medical opinions. Under Florida Statutes Section 440.13(5), either party can request an IME once per case issue. If the injured worker disputes the findings of the authorized treating physician, they may also seek their own IME, known as an Expert Medical Advisor (EMA), which must be approved by the judge of compensation claims.

Common triggers for IMEs in workers' comp cases:

• Disputes over the necessity or scope of medical treatment
• Questions about the degree of permanent impairment
• Challenges to whether the injury is work-related
• Determining Maximum Medical Improvement (MMI)

Personal Injury Lawsuits

IMEs may also be requested during personal injury litigation, including car accidents and premises liability claims. Florida's civil procedure rules permit defendants to request an IME when the plaintiff's physical or mental condition is in question.

To be granted by the court, the request must meet two requirements:

1. The condition must be genuinely at issue in the case
2. There must be "good cause" for the examination

While the court typically grants these motions, especially in serious injury claims, the defense must specify the exam's scope and notify the plaintiff well in advance. Plaintiffs may also object if they believe the exam is unnecessary or intrusive.

What Happens During an IME in Florida?

The Process and What to Expect

An IME is usually a one-time appointment. The examining doctor may review medical records, ask questions about the injury, and perform physical tests. The exam itself is often brief but detailed. Following the exam, the physician submits a report that may be used by insurance adjusters, employers, or attorneys to make decisions about claim validity or compensation.

Can You Be Forced to Attend an IME?

Yes, in many cases. In workers' compensation claims, failing to attend an IME can result in suspension of benefits. For personal injury lawsuits, refusing a court-ordered IME may lead to sanctions, including dismissal of claims or exclusion of certain medical testimony.

However, you do have rights:

• You can request that your attorney be informed of the exam details
• You may bring a witness, such as a nurse or legal representative
• You are not required to answer questions unrelated to your medical condition

Are IMEs Always Fair and Unbiased?

The Reality of "Independent"

Despite the term "independent," IMEs are often arranged and paid for by parties with an interest in the case outcome—typically insurance companies or defense attorneys. This raises legitimate concerns about bias.

In fact, some physicians build careers conducting IMEs and may develop reputations for favoring the side that hires them. This doesn't mean all IMEs are inherently biased, but injured parties and their attorneys should review the IME report carefully and be prepared to challenge any inconsistencies or misleading conclusions.

How Can You Protect Yourself Before an IME?

Preparation Tips for Claimants

Being prepared for an IME is essential. Even though you're not under oath, your statements and physical presentation will be recorded and may later be scrutinized. Here's how to safeguard your interests:

• Be consistent with the medical history you've previously reported
• Avoid exaggeration, but don't downplay your pain or limitations
• Stick to the facts and avoid unnecessary elaboration
• Bring a list of current medications and recent treatments
• Take notes about the appointment afterward

If you're represented by an attorney, it's wise to discuss the IME in advance. They may also challenge the IME doctor's qualifications or attempt to restrict the exam's scope.

Can IME Findings Be Contested?

Challenging the Results

Yes. If an IME report contradicts your treating physician's diagnosis or includes factual inaccuracies, you can contest it. This often involves:

• Submitting counter-reports from your doctor
• Requesting a deposition of the IME doctor
• Introducing expert testimony to highlight flaws or bias

In workers' compensation cases, you may also request an EMA through the Florida Division of Administrative Hearings (DOAH) to resolve conflicting opinions.

Conclusion

Independent Medical Exams play a pivotal role in Florida injury claims, particularly in workers' compensation and personal injury cases. While they may be necessary, IMEs are rarely neutral. Understanding when they're required, how to prepare, and how to respond to unfavorable findings helps injured individuals protect their claims and make informed decisions. With proper legal guidance and preparation, an IME doesn't have to derail your path to recovery.

Call Brandon J. Broderick for Legal Help

Navigating personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.