Defense Medical Exams Explained

As part of your injury lawsuit, you probably will be required to be examined by a physician chosen by the opposing party. The defense calls this an Independent Medical Examination, or “IME.”

Don’t believe that the examination is “independent.”

It isn’t.

Understand what is going on. The defense gets one chance to have you examined by a doctor that they hope will be a witness against you. If they send you to someone who may not see things from the defense perspective, they will have wasted their only chance to create an expert witness against you.

Therefore, the practice is for the defense to hire the same doctors over and over to do these examinations and – surprise – the doctors usually tell the defense (the ones that hire them and pay them) something that they want to hear. Then the doctor will appear at trial as a witness against you.

After examining you and reviewing your medical records, the defense doctor will probably conclude that you were not injured, that you were not injured as seriously as your physician thinks and/or that something other than your accident caused your injuries and symptoms.

The most common other causes that DME examiners find are earlier accidents, later accidents, prior injuries and the normal process of aging. Or, they often will say that while they don’t know exactly what caused an injury they know that it was not the accident.

I even had a DME doctor testify once that although my client had the same symptoms for 6 months after her accidental injury, the accident was only the cause for the symptoms that she had for the first 3 months. He testified – with a straight face – that although she had the same symptoms on day 91 that she had on day 90, and that they were the same symptoms that she had since the accident and would continue to have for 3 more months, the accident was the cause of the symptoms on day 90, BUT NOT THE CAUSE of the symptoms on day 91! When I asked him what was the cause of the symptoms as of day 91, he said that he did not know! Amazing!

So, a more accurate description of what you will be required to attend is “Defense Medical Examination,” or DME.

Even though the DME is not independent, you must cooperate in the process. You must go to the examination and cooperate in being examined. Although it may not be a fair examination, you should participate as if it will be. Be yourself. Be honest. Be accurate. If you have a legitimate claim, you have nothing to hide.

Here are some tips that may help.

** It is a good idea to take your spouse, or a friend, with you to observe. If there is a dispute in court about what happened at the DME, your spouse or friend can testify to what they observed.

** The exam will usually begin with the physician “taking a history” by asking how your injury was caused and what treatment you have received. One good technique is to take a written statement that you and I have prepared to the examination and give it to the physician if s/he asks you how you were injured. That way, there can be no mistake about what you told the doctor because it is in writing.

** The DME doctor will be looking for signs that you are exaggerating your symptoms. In the DME report, the doctor may comment about such things as how well you were able to get around the room or get on and off the examining table. The point is that you should be aware that you are under observation at all times during the DME.

** As soon as the examination is complete, after you leave the doctor’s office, make written notes of what happened to give to me. Include all relevant times, such as the time that you arrived, the time that you were seen by the doctor, how long you were with the doctor, what was said and done, and the like. I will be able to use this information to cross-examine the doctor in court, showing how little time was spent with you, especially compared to the time that your treating doctor(s) spent with you.