What Is an Independent Medical Examination?
An Independent Medical Examination (IME) is a medical evaluation requested by the opposing party (usually the defense insurance company) during a personal injury case. Despite the word “independent,” the doctor performing the IME is hired and paid by the defense—making their examination far from neutral in practice. IMEs are used by insurers to generate a second opinion that minimizes the severity of your injuries and disputes your treating physician’s findings.
IME quick answer
An independent medical examination is an evaluation requested by another party in a personal injury case. The scope, notice, and process depend on the case, any court order, and the applicable rules. It is different from treatment with your own healthcare provider.
- Ask how the examination was requested and what instructions control.
- Bring only the documents and information you are asked to provide, and answer questions accurately.
- Tell your lawyer about the appointment so they can explain preparation and follow-up.
How IMEs Work Under Arizona Law
Under Arizona Rule of Civil Procedure 35, a defendant may request a court-ordered physical or mental examination of the plaintiff when the plaintiff’s physical or mental condition is genuinely in controversy. The rule requires good cause and specifies that the examination must be conducted by a licensed physician or other qualified examiner. In pre-litigation insurance claims, IMEs are often required by the insurance policy terms rather than a court order.
How It Affects Your Personal Injury Case
IME reports frequently conclude that injuries are less severe than claimed, that treatment has exceeded what was medically necessary, or that the condition was pre-existing. These findings are used to reduce settlement offers and, if the case goes to trial, to challenge your treating doctors on cross-examination. Your attorney will typically request the IME doctor’s qualifications, prior testimony history, and the percentage of their income derived from defense work—information that reveals bias for cross-examination purposes.
Example Scenario
Three months into treating for a herniated disc after a Phoenix car accident, the at-fault driver’s insurer notifies Angela that they are scheduling an IME. The IME doctor spends 12 minutes with Angela and produces a report claiming her MRI findings are “degenerative” and unrelated to the accident. Angela’s treating neurosurgeon, who has seen her monthly for three months, disputes these findings in a letter. The competing reports become the central factual dispute at trial.
Frequently Asked Questions
Can I refuse an IME in my Arizona PI case?
It depends on the stage of your claim. For an insurance policy claim, your policy may require you to submit to an examination as a condition of coverage. In a lawsuit, refusing a court-ordered Rule 35 examination can result in sanctions, including dismissal of your claims. Your attorney can negotiate the scope, timing, and location of the exam.
Can I bring someone to my IME in Arizona?
In many cases, yes. Arizona courts have generally allowed plaintiffs to have an observer (attorney representative or court reporter) present at an IME. The defense may object, and courts handle disputes case by case. Having a court reporter document what actually occurred during the examination is common practice in contested IME situations.
Have questions about an IME scheduled in your case? Call Wood Injury Law at (623) 207-0000 for a free case review.