Defendants in civil cases request independent medical examinations.
Plaintiffs in personal injury civil lawsuits allege injuries stemming from the defendants' negligence. Defendants sometimes need to obtain independent medical examinations of plaintiffs to verify claimed injuries. Defendants obtain such examinations by using Federal Rule of Civil Procedure 35.
Allegations in Personal Injury Lawsuits
Plaintiffs in personal injury lawsuits can claim injuries ranging from strains and sprains to broken bones, nerve damage and head trauma. Some injuries, like broken bones, are objective. Other injuries, specifically muscle strains and chronic pain syndrome, are more difficult to prove.
General Purpose
The purpose of an independent medical examination (IME) is to verify a plaintiff's alleged injuries. IME doctors will examine both the plaintiff and the plaintiff's medical history to determine the nature, extent and cause of any injuries.
Defense Strategy
An independent medical examination gives a defendant an opportunity to essentially cross examine a plaintiff through a highly skilled professional (the IME doctor).
Another Purpose of IMEs
The IME puts all of the plaintiff's records and history in front of one doctor, which can simplify medical testimony at trial. An independent medical examiner can testify about the big picture and is not limited to just one aspect of the plaintiff's treatment.
Drawbacks of IMEs
Although the purpose of an IME is to help the defendant, examinations can backfire. If an IME doctor verifies the claimed injuries, the plaintiff will gain an advantage in settlement talks.
Tags: independent medical, broken bones, claimed injuries, independent medical, independent medical examination, independent medical examinations, medical examinations
