If you have been injured in an accident and are pursuing a personal injury claim in Massachusetts, you will likely be required to attend an Independent Medical Exam (IME). This examination is requested by the insurance company or the opposing party in your case. The purpose of an IME is to have a physician who is not your treating doctor provide an opinion on your medical condition, the cause of your injuries, and your prognosis. While the term "independent" may suggest impartiality, it is important to understand that the doctor performing the IME is chosen and paid by the insurance company.

For many, the prospect of an IME can be intimidating. You may be worried about what the doctor will ask you, how you should behave, and what the outcome will be. A thorough understanding of the process can alleviate some of this anxiety and help you prepare for what lies ahead. This article will provide a comprehensive overview of what to expect during an Independent Medical Exam in Massachusetts, from the initial notification to the final report.

The Purpose of an IME in Massachusetts from the Insurer's Perspective

Insurance companies utilize the IME in Massachusetts as a tool to gather more information about your injuries and to potentially challenge the findings of your own treating physician. The insurer’s goal is to minimize their financial liability. Therefore, they will be looking for any information that could suggest your injuries are not as severe as you claim, that they were not caused by the accident in question, or that you have already recovered.

The IME doctor will be tasked with answering specific questions posed by the insurance company. These questions may include:

• What is the nature and extent of your injuries?
• Are your injuries consistent with the type of accident that occurred?
• Do you have any pre-existing conditions that could be contributing to your symptoms?
• Have you reached Maximum Medical Improvement (MMI)?
• Do you require further medical treatment?
• Are you able to return to work, and if so, in what capacity?

The answers to these questions will be detailed in a report that the IME doctor sends to the insurance company. This report will play a significant role in the insurance company's decisions regarding your claim, including whether to offer a settlement and for how much.

Understanding the Role of the IME Doctor

It is important to remember that the doctor conducting your Massachusetts Independent Medical Exam does not have a doctor-patient relationship with you. Their role is not to provide you with medical treatment or advice. Instead, they are acting as a medical expert for the insurance company. This means that anything you say to the IME doctor is not confidential and can be included in their report.

While the vast majority of IME doctors are professional and ethical, it is not uncommon for them to have a long-standing relationship with the insurance companies that hire them. This can sometimes lead to a perception of bias. A personal injury lawyer in Massachusetts can help you understand the doctor's background and what to expect from a specific examiner.

Preparing for Your Massachusetts Independent Medical Exam

Preparation is key to navigating the IME process successfully. The more prepared you are, the more confident and comfortable you will feel during the examination. Here are some steps you can take to prepare for your upcoming IME in MA:

• Review Your Medical Records: Before your appointment, take the time to review your medical records. This will help you to accurately recall the details of your injuries, treatment, and symptoms. Be prepared to discuss your medical history, including any prior injuries or conditions.
• Create a Timeline of Events: It can be helpful to create a timeline of events from the date of the accident to the present day. This should include the date of the accident, the dates of all medical appointments, and any significant changes in your symptoms or ability to perform daily activities.
• Be Prepared to Discuss Your Symptoms: Think about how you will describe your symptoms to the IME doctor. Be as specific as possible. Instead of saying "My back hurts," you could say, "I have a sharp, shooting pain in my lower back that radiates down my left leg." Be honest about your pain levels and how your injuries have impacted your life.
• Dress Appropriately: Wear comfortable, loose-fitting clothing to your appointment. The doctor may ask you to perform certain physical movements, so it is important to be able to move freely.
• Arrange for Transportation: If your injuries make it difficult to drive, arrange for a friend or family member to take you to and from your appointment.

What to Bring to Your IME Appointment

When you attend your IME, you should bring the following items with you:

• A form of identification, such as a driver's license or passport.
• The appointment letter or any other correspondence you have received regarding the IME.
• A list of all your current medications, including the dosage and frequency.
• Any medical devices you use, such as a brace, cane, or crutches.

It is generally not advisable to bring a copy of your medical records unless specifically requested to do so. The IME doctor should have already received all the necessary documentation from the insurance company.

During the Independent Medical Exam: A Step-by-Step Guide

The IME itself will typically last between 30 minutes and an hour, although the duration can vary depending on the complexity of your injuries. Here is a step-by-step guide to what you can expect during the examination:

1. Arrival and Check-In: Plan to arrive at the doctor's office a few minutes early to complete any necessary paperwork. You will likely be asked to fill out a questionnaire about your medical history and the circumstances of your accident. It is important to be truthful and consistent with the information you have previously provided.
2. The Interview: The doctor will begin by interviewing you about your injuries. They will ask you questions about the accident, your symptoms, your medical treatment, and how your injuries have affected your daily life. Answer all questions honestly and directly. Do not exaggerate your symptoms, but also do not downplay them.
3. The Physical Examination: After the interview, the doctor will perform a physical examination. This may involve:
   • Measuring your range of motion.
   • Testing your strength.
   • Checking your reflexes.
   • Observing your gait and posture.
   • Palpating the injured area to check for tenderness.
4. Diagnostic Tests: In some cases, the IME doctor may order additional diagnostic tests, such as X-rays or an MRI. However, this is not always the case, and the examination may be limited to a physical assessment.

Throughout the examination, it is important to remain calm and cooperative. Be polite to the doctor and their staff, but do not feel pressured to engage in small talk or answer questions that are not related to your medical condition. If you are asked to perform a movement that causes you pain, inform the doctor immediately. Do not push yourself beyond your limits, as this could worsen your injuries.

What to Avoid During Your IME in Massachusetts

Just as there are things you should do during your IME, there are also things you should avoid. Here are a few key points to keep in mind:

• Do not lie or exaggerate: Honesty is always the best policy. If you are caught being untruthful, it can severely damage your credibility and jeopardize your entire claim.
• Do not volunteer information: Only answer the questions that are asked of you. Do not provide any additional information that is not directly relevant to your injuries.
• Do not sign any documents without consulting with your attorney: You may be asked to sign a consent form or other documents. Before signing anything, make sure you understand what you are agreeing to. If you have a personal injury lawyer, it is always best to have them review any documents before you sign them.

The IME Report and Its Impact on Your Case

After the examination, the IME doctor will prepare a detailed report of their findings. This report will be sent to the insurance company that requested the IME. The report will include the doctor's opinion on the nature and extent of your injuries, the cause of your injuries, and your prognosis.

The IME report can have a significant impact on your personal injury case. If the report is favorable, it can strengthen your claim and increase your chances of receiving a fair settlement. However, if the report is unfavorable, the insurance company may use it to deny your claim or offer you a low settlement amount.

It is important to understand that the IME report is just one piece of evidence in your case. If the IME doctor's findings are inconsistent with the findings of your own treating physician, your personal injury lawyer can challenge the IME report. This may involve deposing the IME doctor, obtaining a second opinion from another medical expert, or presenting additional evidence to support your claim.

Having a skilled Massachusetts personal injury lawyer on your side is invaluable when it comes to dealing with the aftermath of an IME. They can help you to understand the report, identify any inconsistencies or biases, and develop a strategy for moving forward.

Need Legal Help? Call Brandon J. Broderick Today

Navigating a personal injury claim in Massachusetts can be a complex and challenging process, especially when you are also trying to recover from your injuries. The Independent Medical Exam is a critical stage in this process, and the outcome can have a significant impact on your case.

At Brandon J. Broderick, Attorney at Law, we have extensive experience helping clients prepare for and navigate the IME process. We understand the tactics that insurance companies use to try to devalue claims, and we are not afraid to stand up to them to protect our clients' rights.

If you have been asked to attend an IME in MA, do not go it alone. Contact us today for a free consultation. We will review your case, answer your questions, and provide you with the guidance and support you need to get through this challenging time. Our team is dedicated to fighting for the compensation you deserve.