Impact of Independent Medical Exam in a Harrisburg Medical Malpractice Case

Formal documentation of your injuries and the treatment you have received for them will always play a central role in a personal injury lawsuit, but it will often be especially significant in medical malpractice claims. In fact, it is common for the party or parties contesting a malpractice lawsuit to request that an “independent medical exam” (IME) be performed, ostensibly in order to get an objective evaluation of your true physical condition from a neutral medical professional.

Do not be fooled, however: the defense requests IMEs for their benefit and not yours. If you are not careful about how you act during and after this exam, you might find that it substantially impedes your pursuit of civil restitution. Below is a basic overview of the possible impact of an independent medical exam in a Harrisburg medical malpractice case. A capable medical malpractice lawyer from Lowenthal & Abrams can help ensure your case is not sidetracked by this deceptively tricky procedural hurdle.

When Might an IME Be Involved in a Malpractice Claim?

The burden of proof during a medical malpractice case is always on the plaintiff to prove they were injured directly through a medical professional’s failure to meet the standard of care they owed the plaintiff under specific circumstances. Generally, proving this requires formal support from at least one qualified medical expert. Accordingly, the main impact of an IME requested by the defense during a medical malpractice claim in Harrisburg typically has nothing to do with the question of whether legally actionable malpractice actually occurred.

Instead, the purpose of an IME from the defense’s point of view is to dispute the conclusions of the plaintiff’s treating physicians about how badly the plaintiff has been injured and what the long-term effects of that injury are likely to be. The independent examiner is often hired directly by the defendant and/or their insurance provider. If the defense can convince a court to believe the examiner’s perspective over that of the physicians supporting your claim, the court could deny you some or all of the compensation that you might otherwise have been owed for long-term damages.

How To Handle an IME as a Plaintiff

As is the case when speaking to insurance adjusters and other people involved in contesting a Harrisburg medical malpractice lawsuit, you should always be truthful when discussing the impact of your injuries and symptoms with an independent medical examiner. However, you should refrain from volunteering information that you are not explicitly asked to provide. You should also strongly consider having a family member, friend, or ideally a legal representative present during your exam, so there is no room for debate about what you said or what the examiner asked you.

The perspective of an independent medical examiner is just that: one perspective. A qualified legal professional can cross-examine an IME report and contest the grounds on which it contradicts your own medical records and the testimony of medical experts supporting your claim.

Learn How an IME Might Impact Your Harrisburg Medical Malpractice Case

The impact of an independent medical exam in a Harrisburg medical malpractice case is not always negative, nor is it something you should spend a great deal of time worrying about while constructing your lawsuit or settlement demand. However, it is something you should be aware of prior to filing suit, and it is also one of many potential obstacles during the legal process, which an experienced attorney can help you avoid.

If you would like to know more about this or any other aspect of the medical malpractice case process, a team member from Lowenthal & Abrams can provide the information you need during a confidential consultation. Call today to schedule yours.