The impact of independent medical exams in a Pennsylvania medical malpractice case can be significant. These findings can affect the amount of compensation available to you. If you suffered injuries due to preventable errors by a health care professional, our medical malpractice attorneys at The Weitz Firm, LLC, can help you navigate a claim. We can protect your rights and fight to ensure that the results of your medical exam do not hurt your chances of securing a fair settlement.
What Is an Independent Medical Exam?
In a Pennsylvania medical malpractice case, an Independent Medical Exam (IME) is a medical examination that the defendant—the insurance company or medical provider—requests, which can impact your claim. Typically, a defendant asks for an IME to dispute the injured party’s claim for compensation.
Since the defendant and their legal team select and pay for the doctor who conducts the IME, these exams are not actually independent. The physician doing the exam is not your physician, and they will be looking for evidence the defense could use to discredit your case. To protect yourself, you have the right to have your malpractice lawyer present during the examination.
How an IME Can Hurt Your Claim
An IME is a biased second opinion. It is intended to raise doubts regarding your injuries or treatment to reduce your compensation or deny you payment entirely. An IME doctor may:
- Claim you are exaggerating your injuries, your pain, or their effects
- Claim your injuries are less severe than your treating doctor stated
- Claim your treatment is excessive or unnecessary
- Blame your injury on a pre-existing condition
Fortunately, there are ways you can reduce the impact of an IME on your medical malpractice case in Pennsylvania, and our dedicated lawyers can help.
Our Attorneys Can Protect Your Rights During an IME
Our medical malpractice lawyers in Pennsylvania can work to minimize the influence of an IME in your case. For example, we can prepare you for your appointment by helping you understand the types of questions that will be asked and how to respond to them, and we can ensure the doctor follows the procedures for conducting exams laid out in the Pennsylvania Rule of Civil Procedure 4010. Doctors must limit their questions to those relevant to the exam, and the exam must stay within the scope that the court approves.
After the IME, we can also challenge the examining doctor’s report and even depose the doctor, if necessary. We can look for inconsistencies between the IME and other medical exams and obtain additional medical opinions that verify your claim. Further, we can work to strengthen other areas of your case and show that your injury resulted from preventable errors. We can gather evidence in your favor, including eyewitness statements and testimony from our own medical experts.
We Will Fight for the Compensation You Deserve
Our goal is to obtain the maximum compensation possible, and we will not let insurance companies take advantage of you. Our Pennsylvania medical malpractice lawyers will seek a full and fair settlement for your medical expenses, lost income, pain and suffering, and other damages, and we will work diligently to prevent an IME from harming your case.
We have over 30 years of trial experience, and we will go to court if necessary. However, your time to act is limited. According to Pa. R. Civ. P. § 5524, you generally have two years to file a medical malpractice lawsuit.
Contact Us to Keep an IME From Impacting Your Pennsylvania Medical Malpractice Case
Unfortunately, reduced compensation is a potential impact of independent medical exams in a Pennsylvania medical malpractice case. However, our attorneys at The Weitz Firm, LLC, can advocate for you and fight for the money you need. We have achieved multimillion-dollar case results. Call us today to book a free consultation and learn more about working with our skilled lawyers.
