An IME stands for an independent medical exam and DME stands for defense medical exam. These exams are vital to personal injury cases as they will verify your injuries, potential medical treatment, and future medical costs. Depending on the details of your case, your exam will be referred to as an IME or a DME.
The Difference Between an IME and a DME
If you’re involved in a personal injury case like a motorcycle accident or car accident case the defense will request an independent medical exam (IME). An IME is supposed to be a neutral evaluation of your injuries, but that couldn’t be further from the truth. In a personal injury case, when the defense assigns a doctor to evaluate your injuries, they are essentially hiring a doctor to minimize your injuries, rather than give an honest diagnosis.
This may come as a shock, but it is an unfortunate reality of personal injury litigation. Doctors hired by the defense may come across as nice and professional, but make no mistake, they’re only there to save the insurance company money. For that reason, our team of personal injury attorneys at Maison Law never refer to a defense doctor’s diagnosis as an IME.
Since an IME is not independent, we only refer to it as a defensive medical exam (DME). The term DME communicates to any judge or jury that a defense doctor’s evaluation was given in favor of the defense.
How to Prepare for a Defensive Medical Exam
If you’re going into a defensive medical exam for the first time, it is important to know the doctor is not there to help you. The doctor has been selected by the opposing and they will pose questions to minimize your injuries. The insurance company is expecting the doctor to give an opinion that you were not hurt to the extent you claim. So, how can you prepare yourself for an examination designed to hurt your case? The following tips are designed to help personal injury victims attending a defensive medical exam:
- Review medical history: you should thoroughly review all prior and relevant medical records related to your injury. No prior medical visit should be overlooked because you will be asked about it during your examination and giving inaccurate responses about any aspect of your injury can harm your claim.
- Bring an experienced personal injury attorney: according to California Civil Procedure 2032.510, plaintiffs are permitted to have their attorney present during a DME. Having a personal injury attorney with you during the defensive medical exam ensures you are protected from improper examination or questioning.
- Know how to answer: all your answers should be polite and only answer the question that was asked. Even if the doctor comes off as conversational, it is not recommended to ramble and provide more information than necessary. Focus on only discussing facts relating to your body’s ability before, during, and after the incident occurred.
- Stand up for yourself: the doctor is not permitted to video or record the audio of the examination unless this arrangement has been agreed upon prior to the exam. You do not have to be recorded during your DME. Do not sign anything without discussing it with a personal injury attorney. You are required to give your name, date of birth, home address, driver’s license number, and social security number, but nothing else.
- Be honest: giving a false statement can ruin your claim and destroy your credibility if your case goes to court. When speaking with the doctor, give specific answers as to where you are experiencing pain and what the pain feels like. Words such as “shooting,” or “burning” are commonly used as accurate descriptors of pain.
- Ask Questions: You can ask the doctor questions about your injury. In fact, it’s encouraged because it can be beneficial to your case. A good question to ask is, “What is wrong with me?” and “What can be done to help me?” The doctor will have to provide a statement about your injury, which may be helpful to your case.
What is the Process of a DME?
Before you (the injured plaintiff) go to your DME, you should know the doctor is not there to provide you with any treatment and will most likely not have your best interests in mind. This can be anxiety-inducing to most plaintiffs, but you have nothing to worry about as long as you are honest and respectful.
Most importantly, do NOT panic if the defense doctor gives you an unfavorable report. It is standard practice for a DME physician to tell you what you want to hear in the exam room, but write something completely contradictory in their report. Here is a basic summary of how the DME process will go:
- Scheduling: you will be notified of the time, date, and location of the DME, along with the name of your treating physician. This notice will be given well in advance to provide you with sufficient time to prepare and attend the appointment. It is recommended to work with a personal injury attorney to represent you at your DME and answer all your questions.
- Examination Day: you will meet with the defense physician at their office. Once you arrive, you will most likely be asked to complete a set of forms, but be sure to discuss these forms with a lawyer before you fill them out. Next, the doctor will conduct a short interview about your medical history and your current injury. Be completely truthful and avoid exaggerating your injury as everything you do at the exam may be presented in court.
- Assessment and Report: a comprehensive medical-legal evaluation by the DME must be prepared and submitted no more than (30) days after the examination. This report will first be forwarded to the defense attorney, who will then provide you and your lawyer with a copy of the report as well.
Contact a Personal Injury Lawyer in California
If you or a loved one has suffered a personal injury due to the carelessness or recklessness of another, the attorneys at Maison Law are here to provide you with superior legal assistance. Our firm has reached successful settlements for numerous clients by arming them with attorneys who know how to stay one step ahead of the defense. Contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our legal services and we only get paid if we win your case.
