If you’ve filed a medical malpractice lawsuit in Georgia, there’s a good chance you’ll hear the term “independent medical examination” at some point during the process. An independent medical examination, commonly referred to as an IME, is an evaluation performed by a doctor who has not been involved in your treatment. The purpose is to give the opposing side a separate medical opinion about your injuries.
IMEs can play a significant role in how your case turns out, so it’s worth learning about what they involve and how you can be prepared in advance. Read on to learn how IMEs work in Georgia and what you should keep in mind if you’re asked to attend one.
How Does an Independent Medical Examination Work?
An IME is typically requested by the defendant or their insurance company after a lawsuit has been filed. The idea behind it is to get a second opinion on the nature and severity of your injuries from a physician who hasn’t treated you before.
The party requesting the exam chooses the doctor and is also responsible for covering the cost. Once the examination is complete, the IME doctor writes a report that details their findings, which can then be used as evidence in your medical malpractice case.
Note that an IME is not a treatment appointment, meaning the doctor conducting the exam is not there to provide you with medical care. Rather, their job is to evaluate your condition and give their professional opinion on things like:
- The type and severity of your injuries
- Whether your injuries are consistent with the accident you described
- What kind of treatment you actually need going forward
- Whether any pre-existing conditions contributed to your current state
- Whether you’ve reached maximum medical improvement
While the exam is supposed to be neutral, the reality is that the doctor is selected by the opposing party, and their opinions may tend to favor the defense as a result. That’s something to be aware of going into the process.
Can I Be Forced to Attend an IME in Georgia?
If you filed a medical malpractice claim in Georgia and the defendant requests an IME, the court can compel you to attend. Refusing to show up can have serious consequences for your case, including:
- Having your lawsuit dismissed entirely
- Being barred from presenting your own medical evidence at trial
- Having the court draw negative conclusions about the legitimacy of your injuries
That said, your medical malpractice attorney can push back on certain aspects of the request. For example, they may be able to object to the specific doctor chosen by the defense, challenge the scope of the examination, and set limits on what the IME doctor is allowed to do during the evaluation. These protections can make a meaningful difference in how the exam ultimately plays out.
What Role Do IMEs Play in Medical Malpractice Cases Specifically?
Medical negligence cases in Georgia often involve complex questions about whether a healthcare provider’s actions fell below the accepted standard of care. An IME can be used by the defense in various contexts, such as to argue that your injuries weren’t caused by malpractice at all or that they aren’t as serious as you’re claiming.
Some important things to keep in mind so that you can protect your legal rights and interests include:
- Bring copies of your medical records, test results, and imaging to the appointment.
- Be honest about your symptoms and limitations, but don’t exaggerate or downplay anything.
- Keep your answers focused on what the doctor asks and avoid volunteering extra information.
- Write down everything you remember about the exam as soon as it’s over.
Your lawyer should also review the IME report carefully once it’s completed. If the findings are inaccurate and appear biased, there are ways to challenge them. For instance, your lawyer can bring in your treating physician or another expert to counter the IME doctor’s conclusions.
Contact an Atlanta Medical Malpractice Attorney at The Moses Firm: Medical Malpractice Lawyers for a Free Consultation
Independent medical examinations are a standard part of many medical malpractice cases in Georgia, but that doesn’t mean you have to go through the process without legal support on your side. Having an experienced Atlanta medical malpractice attorney in your corner can help protect your rights every step of the way and work to ensure you’re set up for a successful outcome that compensates you in full.
Contact us at The Moses Firm: Medical Malpractice Lawyers today to learn more and get started with a free consultation.