An Independent Medical Examination, or IME, is an evaluation performed by a doctor who has not been involved in your treatment. In Nevada, these exams usually occur during personal injury and workers’ compensation cases when an insurance company wants to verify the extent of your injuries.
Despite the name, IMEs are not always truly independent. The doctor conducting the exam is usually hired and paid by the insurance company of the at-fault party. That means their findings could lean toward minimizing your injuries and disputing your need for ongoing care.
As a result, learning about how independent medical examinations work and how to prepare for one is essential to protecting your right to fair compensation.
When Are Independent Medical Examinations Required in Nevada?
Under Nevada Rule of Civil Procedure 35, a defendant can request that a plaintiff undergo a physical or mental examination if the plaintiff’s condition is relevant to the case. However, the court must grant permission before the IME can take place, and the request must show “good cause.”
In most personal injury cases, you may face an IME in various circumstances, such as:
- The insurance company disputes the severity of your injuries
- You’ve claimed a long-term or permanent disability
- The defense believes your injuries stem from a pre-existing condition
- There are inconsistencies between your medical records and your injury claims
If your case is still in the insurance claim phase (before a lawsuit is filed), the insurer might request an IME as part of its investigation. You should seek legal advice before agreeing to an IME at this stage, as it may not be mandatory for you to attend based on the facts of the situation.
What Happens During an IME in Nevada?
An IME might feel similar to a normal doctor’s appointment, but it’s important to remember that the purpose is very different. The goal of an IME is not to treat you; it’s typically to gather evidence for the defense.
Here’s what typically happens:
- Scheduling and notice: You’ll receive a notice about the date, time, and location of your IME, along with the name and specialty of the doctor.
- Review of records: The IME doctor will usually review your medical records and any imaging results before the appointment.
- The examination: The doctor may ask about your medical history and what symptoms you’ve experienced since the accident. They’ll then perform a physical and/or psychological evaluation.
- Reporting: After the exam, the doctor will prepare a written report summarizing their findings.
Your attorney will receive a copy of this report and can challenge it if it contains unfair conclusions.
What Are Some Common Tactics Used During IMEs?
Considering IME doctors often work for insurance companies, they may look for ways to cast doubt on your credibility and downplay your injuries.
Some common tactics they might utilize to that end include:
- Claiming your symptoms don’t match your test results
- Suggesting your pain is exaggerated
- Attributing your injuries to pre-existing conditions
- Recommending no further treatment
- Omitting important observations from the report
For this reason, your personal injury lawyer may advise you to bring a witness to the exam and to take notes immediately afterward.
How to Prepare for an Independent Medical Examination
Preparation can make a big difference in how your IME turns out.
Below are a few key steps to take before the exam:
- Review your medical history in advance
- Be consistent with what you say
- Be truthful and avoid overstating your injuries
- Bring identification with you, such as a driver’s license
- Note the duration of the examination
- Follow up afterward by taking notes about what occurred
Your personal injury attorney can provide more detailed instructions and help ensure you’re ready.
What Happens After the IME?
Once the IME is complete, the doctor’s report will be sent to the requesting party, such as the insurance company for the opposing party. This report can have a significant impact on your case.
For example, if the IME doctor concludes that your injuries are not as serious as you claim, the defense may use that report to justify offering a low settlement.
However, your attorney has the right to review and challenge the IME findings. They can take various steps on your behalf to respond to any improper findings and work to maintain the full value of your claim.
Remember as well that the IME report is just one piece of evidence in your case, it is not the final word.
Contact the Las Vegas Personal Injury Lawyers at De Castroverde Accident & Injury Lawyers for Help Today
If you’ve been injured in an accident and are facing an independent medical examination, it’s smart to speak with an attorney first. De Castroverde Accident & Injury Lawyers can help you get the best possible outcome.
Our experienced Las Vegas personal injury attorneys can protect your interests and ensure the IME process is handled correctly from start to finish. Contact us today at (702) 222-9999 for a free consultation.
