Law & Legal & Attorney Health Law

How to Dispute an Independent Medical Evaluation

    • 1). Read your insurance policy regarding personal injury cases. If there is no language regarding independent medical examinations in the policy, most states will not allow an insurer to request an IME.

    • 2). Write a detailed summary of the events of the examination immediately afterwards. Note the examiner's questions and your answers, length of the exam, the examiner's extensiveness or lack thereof, and any unusual, hostile or inappropriate comments. You can later compare your report to the report the examiner sends to the insurance company.

    • 3). Keep a list of any discrepancies. In most states, the insurer needs to inform you that you have a right to bring a witness along for the examination and also the right to decline the examination if it places an undue financial burden on you or is too far away from your home.

    • 4). Send a certified letter to the insurer. Ask for the curriculum vitae and specialty of the examiner and also ask the insurer to explain why it chose this particular examiner. Ask the insurer to send a copy of the examination report to your primary physician. Challenge the insurer to provide you with an examiner with more background, experience and training for your injury and who treats patients who have been totally disabled by your condition.

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