Queens personal injury attorney Keetick L. Sanchez of K L Sanchez Law Office, P.C. has released guidance explaining what a defense independent medical examination (IME) is, why insurers request these exams, and how the resulting report can affect an injury claim.
Understanding Defense IME
According to Sanchez, the term ‘independent’ can be misleading, as the examining physician does not treat the claimant and does not work on the claimant’s behalf. The physician is hired by the insurer to evaluate injuries, and understanding this distinction helps clients prepare properly.
The examination typically involves a specialist who reviews medical records, asks how the injury occurred, and performs a brief physical assessment before preparing a written report. This report may conclude that injuries are less serious than a treating physician found, or that continued care is not medically necessary.
Claimant Rights and Preparation
Sanchez notes that claimants retain important rights during the process. The examination should relate only to the injuries and conditions at issue in the claim, and any invasive or painful procedure requires the claimant’s consent. Preparation is key, and Sanchez advises clients to review their treatment history, arrive on time, and answer questions briefly and honestly.
After the exam, the physician prepares a written report describing the tests performed and conclusions about the claimant’s condition. A negative report can be used to cut off benefits, reduce a settlement offer, or challenge credibility at trial, but it does not end a case. Sanchez emphasizes that an unfavorable report can be countered through rebuttal letters from a treating physician, testimony from a retained expert, and cross-examination of the IME doctor.
Original reporting: KTBS 3 (Shreveport) — read the source article.