In medical malpractice cases, when the insurance company disputes the claimant’s injuries or needs more information about their health status, they use an independent medical examination (IME) to obtain an assessment of the claimant’s mental or physical state. The goal of an IME is to obtain objective information about a plaintiff and the nature of their injury claim. In a personal injury case, an IME is similar to a deposition or other type of discovery.
The impact of an independent medical exam in a New Orleans medical malpractice case will depend on the facts involved and what the exam reveals. Injured victims with honest claims about their injuries have nothing to fear from an IME. To learn more about how an IME works and your legal rights in an injury claim, contact us at Sangisetty Law Firm to schedule a free consultation with an attorney. We serve clients throughout Louisiana, Mississippi, and Alabama.
What Is an Independent Medical Examination?
An IME is a medical evaluation performed by a doctor at the request of an insurance company or defense attorney. Many insurance policies require injured claimants to complete an IME when they seek insurance benefits. Court rules can also allow defense attorneys to ask personal injury plaintiffs to submit to an IME.
A person’s regular doctor does not perform their IME. In fact, insurance companies may select a physician they believe might help support a denial of benefits under the claim. The insurance company’s goal is to minimize the claimant’s injuries and de-emphasize the impact of the accident. In a New Orleans lawsuit involving medical negligence, the doctor performing the IME might even seek to protect their own interests and downplay the impact any medical error might have had on a patient’s injuries.
How an IME Can Impact a Medical Malpractice Case
A New Orleans doctor performing an IME could be an expert witness in a medical misconduct case; insurance companies could use the doctor’s report and medical opinion during trial to influence a jury. An IME doctor might claim the injuries were not what the plaintiff says they were and were not the result of another doctor’s negligence. In these ways, an IME could harm a plaintiff’s claim.
However, an experienced medical malpractice attorney from our firm could confront an independent medical examiner’s report with their own evidence to support the claim. Sometimes, the independent physician’s report could be based on faulty or incomplete information. The plaintiff’s own expert witnesses could contradict the IME physician through their own evidence and testimony.
If you suffered injuries due to medical malpractice, you have nothing to fear by completing an IME. Our dedicated medical malpractice attorneys can investigate your claim and thoroughly prepare you for an independent exam if needed.
Contact Our New Orleans Lawyer Today to Learn More About How an IME Could Affect Your Medical Malpractice Lawsuit
If you suffered injuries due to medical negligence while you were receiving care, you have a right to seek financial compensation from those responsible. Proving medical malpractice can be complex, and IMEs may be part of the process. With all of the evidence supporting your claim, our dedicated attorneys could help minimize the impact of an independent medical exam in a New Orleans medical malpractice case.
We operate throughout the states of Louisiana, Mississippi, and Alabama. Reach out today to learn more and schedule a free consultation.