Independent Medical Exam (IME) vs. Your Treating Physician

Pros

• +Provides a second medical opinion that becomes part of the case record
• +Can occasionally corroborate the severity of an injury when findings are undeniable
• +A documented exam may move stalled negotiations forward
• +Required participation can demonstrate your cooperation in the claims process

Cons

• −The doctor is selected and paid by the insurer, creating a clear bias toward minimizing injury
• −IME reports often blame pre-existing conditions or call injuries exaggerated
• −The exam is usually brief and may not reflect your true condition
• −Statements you make during the exam can be used against your claim
• −IME doctors frequently perform exams primarily for insurers, not patient care
• −A negative IME report can be used to cut off benefits or deny your claim

Pros

• +Has an ongoing relationship and detailed history of your condition over time
• +A professional duty to your health, not to the insurer's bottom line
• +Longitudinal records carry strong evidentiary weight on causation and severity
• +Can document the full progression, treatment, and prognosis of your injuries
• +Familiar with how the injury actually affects your daily life and work

Cons

• −Insurers may dismiss the treating physician's opinion as biased toward the patient
• −Some treating doctors are reluctant to participate in litigation or write reports
• −Records must be complete and consistent or they can be attacked on cross-examination
• −Gaps in treatment can be used by the defense to argue the injury was minor