Billions are paid out in workers’ compensation, social security, and disability benefits every year in the U.S. Insurance companies, government disability programs, employer-sponsored disability plans, and parties to litigation often find it necessary to request an independent medical evaluation (IME) or seek a court order granting an IME before starting or continuing to pay benefits.
Unlike the examination of a patient by a treating physician, an IME is limited in scope and performed for the purposes of the party or entity ordering it. The physician performing the IME may be found liable under several theories even when, it is argued, a traditional physician-patient relationship has not been established.
Attorneys, physicians, insurers, employers, and others who are involved in litigation concerning an IME must be aware of the types of lawsuits that may arise from an injury incurred during or associated with the IME, what strategies and techniques to employ, and what issues are critical to know.
