Independent Medical Examination

Independent Medical Examination

Independent Medical Examination

An independent medical examination involves a physician who has not treated the claimant reviewing records, taking a history, performing an examination, and rendering opinions on diagnosis, causation, treatment reasonableness, impairment, and prognosis.

In litigation it may be obtained by agreement or through a court-ordered physical examination.

Alternative Names:

IME, Defense Medical Examination, DME

Why it Matters?

The examination is usually the defense's only direct evaluation of the plaintiff, and its value depends heavily on preparation: the examiner needs the complete record including prior treatment, surveillance if any, and a clear list of the questions to address. Disputes over conditions are routine, covering attendance by counsel, recording, examination length, and permissible history taking, and resolving them by agreement in advance is faster than motion practice.

Frequently Confused with

Related terms

Frequently asked questions

Is the examination actually independent?

Is the examination actually independent?

The examiner is retained by the defense, which plaintiff counsel emphasize at trial. Some jurisdictions and practitioners use the term defense medical examination for accuracy.

Can the plaintiff's attorney attend?

Can the plaintiff's attorney attend?

It depends on the jurisdiction and any order. Some courts permit attendance or audio recording, others prohibit it as interfering with the examination.