After you have made a personal injury claim, the insurance company may try to dispute that the accident caused any injury or that the claims made are excessive. One of the ways defense lawyers try to prove faking or exaggeration is through an Independent Medical Exam (IME) with a paid defense doctor.
The insurance company will review your injuries. In some cases, after a personal injury lawsuit is filed in Texas, the defense may request that you visit a physician they pay and choose to evaluate your injuries. If you have put your medical condition in question with the case, the judge will likely order you to appear for a defense doctor exam.
What is an Independent Medical Exam?
An independent medical examination (IME) is an examination conducted by a physician who is alleged to be impartial in a particular insurance claim or injury case. An IME is commonly associated with workers’ compensation cases but may also be used in personal injury cases. An IME doctor is supposed to provide an unbiased medical opinion about a person’s medical condition and prognosis following an injury.
A physician is qualified to be an independent medical examiner only once certified. The insurance company will generally provide a list of physicians to choose from or may recommend a specific doctor.
An IME exam usually follows a specific list of requirements. You will be asked to make certain movements that will indicate the condition of your injury.
What if the Insurance Company Requests an IME?
The insurance company may request that you submit to an IME. If they make that request, you should first speak with your attorney. Generally, the law allows an IME through the Texas Rules of Civil Procedure. An examination by a third party must be warranted. An IME is only allowed in cases where there is good cause for the exam and the person’s medical condition is controversial.
Requesting an IME is to refute a person’s medical claims. For example, if you provide information about a back injury, the company may not want to provide payment until it verifies the details of the injury. A request for an IME typically means a dispute regarding the injuries. Before proceeding with the request, please review and discuss it with your attorney.
IME Exams in Lawsuits in Texas are Rarely Objective and Unbiased
The truth is that many physicians constantly work with the insurance industry to give opinions that can be predicted in advance—the claimant was not hurt or badly hurt, the medical treatment was unwarranted, and the victim is faking are all common opinions from defense doctors.
Some of these doctors earn hundreds of thousands of dollars a year by providing adverse opinions in personal injury cases, which often benefit the individuals who pay them.
It is so bad that in Texas, with some IME doctors, plaintiff attorneys can predict what the doctor will testify to before the exam.
Contact a Knowledgeable Houston Accident Attorney
Be cautious when speaking with an insurance adjuster. Please note that all conversations will likely be recorded. Therefore, do not casually answer questions without asking your attorney for direction. Negotiations with an adjuster must be done with preparation and care.
Remember that the insurance adjuster is not your friend and is likely looking for a way to reduce the amount of your claim. Contact your attorney before you speak with the insurance company. Your lawyer will advise you on moving forward and help you evaluate your claim with the best outcome possible.
If you were hurt in an accident, do not settle your claim until you talk to a skilled Houston motorcycle accident lawyer.
Contact our legal team in Houston at Baumgartner Law Firm for a free initial case consultation. Call (281) 587-1111!
6711 Cypress Creek Pkwy, Houston, TX, 77069
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