What Is an Independent Medical Examination?
An independent medical examination (IME) is an evaluation requested to address medical questions in a claim or lawsuit. It serves a different purpose from care with your treating provider. Start by identifying who requested the exam and the rules or policy terms they cite.
IME quick answer
Before responding to an IME request, check which process it uses. Arizona civil lawsuits, insurance-policy requests and workers’ compensation examinations have different requirements. Give your lawyer the complete request and any attachments so they can explain what needs attention before the appointment.
- Ask how the examination was requested and what instructions control.
- Ask what documents to provide and how to arrange any needed assistance. Answer questions accurately.
- Tell your lawyer about the appointment so they can explain preparation and follow-up.
How IMEs Work Under Arizona Law
In an Arizona state-court civil case, Rule 35(a) allows a party to request an examination by a physician or psychologist when a physical or mental condition is in controversy. Rule 35(d) requires written notice at least 30 days before the examination, including the examiner’s identity and the appointment’s scope and conditions. Have your lawyer check the notice and any court order before you respond.
If your own insurer cites a policy provision, have that provision reviewed with the request. An Arizona workers’ compensation examination follows a separate system under A.R.S. § 23-1026. The Industrial Commission’s IME guidance explains that process. The civil rules below should not be applied automatically to either type of request.
How It Affects Your Personal Injury Case
A Rule 35 report addresses the examiner’s findings, including diagnoses and test results. Ask your lawyer how to obtain and review it. Rule 35(h) includes report-exchange requirements and consequences for medical-testimony privileges when the report is requested and obtained. Discuss those consequences before making the request.
Compare the actual findings with your treatment records. If a date or symptom history differs, note the specific entry and keep the supporting record. A disagreement needs review on its facts. The examiner’s role alone does not establish that an opinion is unreliable.
Example Scenario
Illustration, not a client case: You receive a letter from your own insurer requesting an exam and referring to a policy section. Keep the letter with that section and ask your lawyer which requirements apply. The letter’s IME label alone does not tell you that Arizona’s Rule 35 governs the appointment.
Frequently Asked Questions
Can I refuse an IME in my Arizona PI case?
Your response depends on the notice and the process behind it. Rule 35 has a court objection procedure. Unless an objection has been filed under that procedure, a missed noticed or ordered examination can lead to court sanctions. Ask your lawyer to review the request promptly. Policy and workers’ compensation examinations have separate requirements.
Can I bring someone to my IME in Arizona?
For an Arizona Rule 35 examination, you may have a representative present unless their presence may adversely affect the examination’s outcome. Written notice identifying the representative and their relationship to you must be served on all other parties at least 15 days before the exam. If you want to record it, separate written notice identifying the method and recorder is also required at least 15 days beforehand. Recording is subject to the same adverse-effect limit. Arrange either with your lawyer before the appointment.
Bring your IME notice to Wood Injury Law if you are unsure how to respond. Get help understanding my IME request.
Find related Arizona injury guides for the next steps in your claim.