Understanding Your Rights and How to Prepare for an IME in Boise
If you’ve been injured in an accident in Idaho, whether from a car crash, a slip and fall, or a workplace incident, you may be asked by an insurance company to undergo an Independent Medical Exam (IME). This request often comes when you’re already dealing with the stress of recovery. Understanding what an IME is, why it’s requested, and how to navigate the process is crucial for protecting your rights and your personal injury claim.
What Exactly is an Independent Medical Exam (IME)?
An Independent Medical Exam (IME) is a medical evaluation performed by a physician who has not previously been involved in your care. This doctor is selected and paid by the insurance company handling your claim, or by the defense attorney in a lawsuit. The stated goal of an IME is to obtain a neutral, third-party medical opinion about your injuries.
However, it’s important to understand that the term “independent” can be misleading. These physicians are often regularly hired by insurance carriers, which can lead to questions about their impartiality. Lawyers for injured people sometimes refer to these as “insurance medical exams” or “defense medical exams” because the doctor is chosen and compensated by the opposing side. The doctor’s report can significantly influence the outcome of your claim, including the compensation you receive for medical bills, lost wages, and other damages.
Why Do Insurance Companies in Idaho Request IMEs?
In Idaho, when you file a personal injury or workers’ compensation claim, you are putting your medical condition at issue. The law, including Idaho Code 72-433 for workers’ compensation, allows the opposing party (usually an insurance company) to get a second opinion on your injuries. The main reasons they request an IME include:
- To Verify the Injury: They want to confirm the nature and severity of your injuries and determine if they are consistent with the accident that occurred.
- To Establish Causation: The insurer wants to know if your injuries were directly caused by the accident or if they stem from a pre-existing condition.
- To Evaluate Treatment: The IME doctor will assess whether the medical treatment you’ve received is reasonable, necessary, and related to the accident.
- To Determine Impairment: The physician will provide an opinion on whether you have a permanent impairment and to what degree it may affect your ability to work or perform daily activities.
Essentially, the insurance company uses the IME report as a tool to evaluate your claim’s validity and value. A report that downplays your injuries can be used to deny your claim or offer a lower settlement.
Did You Know?
The doctor performing the IME is not your treating physician and there is no doctor-patient confidentiality. Anything you say can and will be included in their report to the insurance company. It’s crucial to be honest, but also to be careful and precise with your answers.
How to Prepare for Your IME in Boise
Being asked to attend an IME can be nerve-wracking, but preparation can make a significant difference. Your goal is to present an accurate and consistent picture of your injuries and how they affect your life.
Step-by-Step Preparation Guide
1. Consult With Your Attorney: This is the most important step. An experienced personal injury lawyer can explain what to expect, review the specifics of your case, and help you prepare for the questions you’ll be asked. At Shep Law Group, we ensure our clients are fully prepared for this process.
2. Review Your Medical History: Before the exam, refresh your memory on your medical history, particularly any past injuries to the same parts of your body. The IME doctor will have your records and will look for inconsistencies in what you tell them versus what’s in the documents.
3. Write Down Your Symptoms: Create a detailed list of your injuries and symptoms. Think methodically from head to toe. Describe the type of pain (e.g., sharp, dull, aching), what makes it worse, what provides relief, and how it impacts your daily activities. This helps ensure you don’t forget anything important during the exam.
4. Be Honest and Consistent: Do not exaggerate your symptoms, but also do not downplay them. Credibility is key. If the doctor asks you to perform a movement that causes pain, explain what you are feeling honestly. Remember, the staff may be observing you from the moment you arrive until you leave the property.
5. Arrive on Time and Dress Appropriately: Arrive a little early to handle any paperwork (which you should review with your attorney beforehand). Wear simple, comfortable clothing. Your attire should not suggest you are engaging in activities you’ve claimed to be unable to do.
6. Stick to the Facts: Answer the doctor’s questions directly and politely. Avoid volunteering information that isn’t asked for, and don’t get into a detailed discussion about how the accident happened. The exam is about your medical condition, not legal liability.
Navigating the IME Process in Ada and Canyon County
For residents of Boise, Meridian, and the surrounding areas, understanding your rights during an IME is vital. You have the right to be treated respectfully and professionally. While Idaho law requires you to attend the IME if requested as part of a workers’ compensation or personal injury claim, you also have rights within that process.
It’s often recommended to bring a witness, such as a legal representative or a trusted friend, to take notes during the exam. This person can document the duration of the exam, the questions asked, and the tests performed. This can be valuable if the doctor’s final report contains inaccuracies.
After the exam, the IME doctor will send a comprehensive report to the insurance company. Your attorney will receive a copy and review it for any errors or biased statements. If the report conflicts with the opinions of your treating physicians, your lawyer can challenge its findings, potentially by having your own doctor write a rebuttal report or by seeking another medical opinion.
Facing an IME? Don’t Go It Alone.
The Independent Medical Exam is a critical point in your personal injury case. The outcome can shape the future of your claim. The experienced team at Shep Law Group is here to protect your rights and guide you through every step of the process. We serve clients throughout Boise, Meridian, Ada County, and all of Idaho.
Frequently Asked Questions About IMEs in Idaho
Can I refuse to attend an IME?
In most personal injury and workers’ compensation cases, refusing to attend a requested IME can seriously jeopardize your claim and may result in the denial of your benefits. It is a required part of the process. If you have concerns about the exam, you should discuss them with your attorney immediately.
Do I have to fill out paperwork at the IME office?
You should be cautious about filling out any additional paperwork at the IME doctor’s office. Some clinics may ask you to fill out extensive questionnaires. It’s best to have your attorney review any documents before you sign or complete them.
What if the IME report is unfavorable to my case?
This is a common concern. If the IME report contradicts your treating doctor’s findings, your attorney can take steps to challenge it. This may involve obtaining a detailed response from your own doctor, deposing the IME physician to question their findings under oath, or presenting additional medical evidence to support your claim.
How long does an IME usually take?
The duration varies. Some exams can be quite brief, sometimes lasting only 10-15 minutes, while others are more extensive. The length of the exam is not necessarily an indicator of its quality or the outcome of the report.
