The insurance company has the right in every personal injury case to have you examined by a doctor it chooses. This examination represents the third stage of the discovery process. The insurance lawyers like to refer to this as an "independent medical exam" or an IME. The IME is anything but independent and no insurance lawyer will claim otherwise outside the courtroom, that is, not with a straight face. The doctors paid by the insurance company strain to offer opinions that help the insurance company. Also, the IME doctor’s medical skills may be secondary in importance to his skills at testifying in a compelling and convincing manner.

   It is not hard to believe, nor is it hard to understand, why insurance companies primarily employ doctors who are biased in their favor and more proficient at testifying than at treating or diagnosing injuries. They would get swamped in large jury awards if they didn’t approach personal injury litigation in this way. Unfortunately, this approach by the defense encourages most plaintiff’s lawyers to seek out doctors who are experienced in plaintiff’s P. I. litigation. Thus, your doctor also may be chosen for her bias in favor of plaintiffs and her skill at testifying.

   The IME doctor typically will be a friendly, professorial individual who speaks well in public. Trial lawyers know that juries can be more influenced by a doctor whose manner is likable than by a doctor whose medical credentials are superior.

   Insurance companies employ "professional expert witnesses," that is, doctors who earn a major portion of their living on the witness stand. These doctors are particularly motivated to make findings that comport with the expectations and needs of the insurance companies that pay their salaries. Your lawyer brings out this bias during cross examination of the doctor. Nevertheless, a skilled IME doctor can wreak havoc on a P. I. case. If the jury likes and trusts this doctor, it will be inclined to believe that you were not hurt as badly as you and your doctors claim.

   Smart P.I. lawyers take certain steps to assure that the client is treated fairly by the IME doctor. The lawyer or someone from his office should accompany the client to the exam to monitor it. In a particularly complex case, the lawyer may retain a registered nurse to take notes during the exam and to assure that the client is protected. A lawyer should also make clear to the client what to expect during this examination. Form 15 is a sample letter to a client when the defendant schedules an IME.

   There is a huge amount of discretion that doctors have in making their findings. Two doctors examining the same patient at the same time may offer dramatically different opinions depending upon who retained them for the exam. This may be shocking to you but it’s the shocking truth. Any personal injury attorney and any insurance company attorney will admit this to you. It’s just the way the personal injury war is fought.

   The battle of the medical experts is a particularly apt example of the war that is personal injury litigation. Both sides use all of the weapons at their disposal in order to achieve a successful outcome. Without strong weaponry and an effective combat strategy, the battle may be lost. A compelling medical expert witness is a key part of an effective trial strategy.