If your personal injury case proceeds to litigation in California, you may receive a demand from the defense attorney to submit to what is called an independent medical examination or IME. Despite its name, an IME is rarely truly independent — it is typically conducted by a doctor hired and paid by the insurance company or defense team specifically to evaluate your injuries and provide opinions that support their position. Understanding what an IME is, your rights regarding it, and how to prepare for one, is critical for protecting your personal injury claim. Attorney Anthony Girgis at Girgis Law Firm APC has guided clients through IMEs throughout the San Fernando Valley and Los Angeles County for over 18 years.
What Is an Independent Medical Examination?
An independent medical examination is a medical evaluation conducted by a physician selected by the opposing party — typically the insurance company or defense attorney — to assess the nature and extent of your injuries and their relationship to the accident. In California personal injury litigation, the defense has the right to request an IME under California Code of Civil Procedure Section 2032.020.
Why Is the IME Rarely Truly Independent?
The term independent medical examination is somewhat misleading. The examining physician is selected paid and retained by the defense — not by a neutral third party. IME doctors are frequently used repeatedly by insurance companies and defense firms and have a financial interest in providing opinions favorable to the party that hired them. Studies have consistently shown that IME doctors tend to minimize injuries, find pre-existing conditions, and recommend less treatment than treating physicians.
This does not mean that the IME process is improper — it is a legally recognized part of the litigation process. But it does mean that you need an experienced attorney to protect your interests throughout the process.
What Are Your Rights During an IME in California?
California law provides important protections for plaintiffs undergoing IMEs. You have the right to have your attorney present during the examination. You have the right to audio record the examination. The examination must be limited to the body parts and conditions that are at issue in your case. The examining doctor cannot conduct invasive procedures without your consent. You are entitled to receive a copy of the IME report.
How to Prepare for an IME
If you are required to attend an IME, attorney Anthony Girgis will prepare you thoroughly for what to expect. Important things to keep in mind include being truthful and consistent — any inconsistencies between what you tell the IME doctor and what is in your medical records will be used against you. Report all of your symptoms accurately — do not minimize your pain or limitations, but also do not exaggerate. The IME doctor will be noting everything including your demeanor, your gait, and how you move — be consistent with how you present your symptoms. Bring any relevant medical records or documentation your attorney advises you to bring.
How Attorney Anthony Girgis Protects Clients During IMEs
Attorney Anthony Girgis prepares every client carefully for their IME, thoroughly reviews the IME report when received, and retains treating physicians and medical experts to provide counter opinions when the IME doctor’s conclusions are inconsistent with your medical records or your treating physician’s opinions. IME disputes are one of the most heavily contested aspects of personal injury litigation and having an experienced attorney is essential.
Injured in a car accident in the San Fernando Valley and facing an IME? Contact Girgis Law Firm APC for a free consultation. Attorney Anthony Girgis represents accident victims throughout Encino, Sherman Oaks, Van Nuys, Northridge, Woodland Hills, and surrounding communities. Call (818) 986-5000 — no fees unless we win.
