In most instances, when a personal injury in San Antonio leads to a claim or lawsuit, the insurance company representing the defendant will typically ask for an independent medical examination. Once a lawsuit has been filed for compensation in regards of either mental or physical injury, the individual or business being sued or the insurance company covering them will want to determine if the injuries which have been suffered are as severe as the claimant is saying. The exam may also be to know the exact extent of the injuries and the limits they set on the individual as they begin the recovery process.
Initial Examination for Injury Cases
If you have been injured as the result of an accident and you believe another person is responsible, you will want an initial examination as quickly as possible. The injury lawyer you select can help you with this. This examination is to be performed by a doctor of your choice. However, the majority of the time, the defendant, and their insurance company will ask for a second opinion, requesting an IME or independent medical exam.
Depending on the jurisdiction, the requirements which qualify the medical professional performing the exam will vary. Generally, the exam will need to be given by an M.D. or D.O. While a psychiatrist is unable to perform an IME, they are capable of performing an independent psychological examination.
Also, the medical professional who performs the IME will need to be qualified in two separate areas: they will need to have the training or medical knowledge of the area in which the subject case relates as well as training, experience, and preferably specific credentials in the area of IMEs.
Preparing for an IME
It is always important to prepare for an IME, especially when an insurance claim is involved. You will want to spend time collecting all of your medical documents relating to the accident, as well as any prescriptions you have been given. By this point, you should already have an attorney representing you in the matter who will prepare you for the medical examination.
If for any reason you have not yet obtained legal representation and have been ordered to be examined by the defendant’s insurance company, make sure you keep all of your answers to a simple yes or no when possible. That being said, go out of your way to fully cooperate with the medical professional performing the examination. The last thing you want is to have it on record that you were difficult and complicated the procedure.
Structure of IME report for your Injury Claim
Once you have been given an independent medical exam, there will be a report completed which both the defendant and claimant have the right to review. Basic descriptive data, including the date of the injury and a summary of conclusions, can be found in the introductory section. There will also be a section of the report describing the history of the claim. There should be a thorough description of the initial conversation between the person who has suffered the injury and the medical professional performing the examination. The report will typically end with a diagnosis and detailed documentation of the findings of the examination.