If you’ve been injured in an accident and filed a personal injury claim in New Hampshire, you may eventually hear about something called an Independent Medical Examination, often referred to as an IME. The term can be confusing. It sounds neutral and routine, but the meaning of an IME can vary depending on the kind of case involved. In a civil personal injury case, a defense-requested medical examination is not automatic in every case. In workers’ compensation, however, IMEs are much more specifically addressed by statute and are often a more defined part of the process
What an Independent Medical Exam Is
An Independent Medical Examination is a medical evaluation performed by a doctor who is not treating you. In some personal injury cases, the opposing side may seek this type of examination when your physical condition is a significant issue in the case. The doctor may be asked to evaluate the nature and extent of your injuries, whether those injuries are related to the accident, whether treatment was reasonable and necessary, and whether any permanent impairment exists.
It is also important to understand that not every “independent” medical evaluation in a personal injury case is a defense exam. In many cases that go to trial, the injured person may obtain an examination or evaluation from a physician who will testify on issues such as causation, necessity of treatment, reasonableness of medical care, or permanency. So when people use the term IME, they may be referring to different types of medical evaluations depending on the context.
How This Works in a New Hampshire Personal Injury Case
In a New Hampshire civil personal injury case, the defense does not automatically get to demand an IME simply because an injury claim has been filed. Instead, if the plaintiff’s physical or mental condition is genuinely in controversy, the issue is generally addressed through the court process. Rule 35 is the rule commonly associated with court-ordered physical or mental examinations in civil litigation.
That means whether an examination will happen often depends on the facts of the case, the nature of the claimed injuries, and whether the court believes an examination is appropriate. Some cases never involve a defense medical examination at all. Others may. Your attorney can advise you on whether such a request is likely, whether it should be opposed, and what limits or conditions may be appropriate if an examination is ordered.
Why the Term “Independent” Can Be Misleading
Although it is called an Independent Medical Examination, the doctor performing the exam is usually not your treating physician. If the exam is being sought by the opposing side, that doctor is typically being retained for evaluation purposes, not treatment. That does not automatically mean the doctor will be unfair, but it does mean the exam is not the same as an ordinary medical appointment with your own provider.
The doctor’s role is generally to evaluate your condition and prepare opinions that may later be used in litigation. Because of that, some lawyers prefer to think of this as a defense medical examination rather than a truly “independent” one.
What Happens During the Exam
The details vary depending on the injury and the type of physician involved, but the examination often includes questions about the accident, your symptoms, your medical history, prior injuries, and the treatment you have received. The doctor may also perform a physical examination related to the body parts or conditions at issue.
For example, in a case involving a back or neck injury, the doctor may assess range of motion, strength, reflexes, sensation, and other physical findings. The physician may also observe how you walk, sit, stand, or move during the appointment. Those observations may later appear in a written report.
Do You Have to Attend?
Most often yes, but not automatically. In a New Hampshire personal injury case, if the court orders an examination under Rule 35, you generally will be expected to attend under the terms of that order. Failing to do so could create problems for your case. But the key point is that this is usually a court-supervised issue, not simply an informal request that the defense can impose on its own.
If an examination has been requested in your case, your attorney should review the request carefully, explain whether it is mandatory, and help you understand what to expect.
What You Should Keep in Mind
Even though the appointment may look like a normal medical visit, its purpose is different. The doctor is evaluating you, not treating you. It is important to be truthful and accurate, but also concise. Do not guess if you do not know or do not remember something. Do not exaggerate symptoms. At the same time, do not minimize problems that are real.
It is usually best to listen carefully to the questions asked and answer only those questions. Your attorney may also give you more specific guidance based on the type of examination, the issues in dispute, and the procedural posture of your case.
How the Exam Can Affect the Case
After the exam, the physician will usually prepare a written report. Depending on the case, that report may address causation, diagnosis, reasonableness and necessity of treatment, prognosis, work restrictions, or permanency. In a litigated personal injury case, those opinions may become part of settlement discussions or trial preparation.
If the opinions are unfavorable, your attorney may challenge them through cross-examination, contrary medical evidence, or testimony from your treating providers or retained experts. If the opinions are favorable, they may still become part of the overall medical proof in the case.
How Worker’s Compensation is Different
Workers’ compensation is different. In New Hampshire workers’ compensation cases, employer-requested independent medical examinations are specifically addressed by statute. The law includes requirements about the qualifications of the examiner, the location of the exam, payment by the employer or insurance carrier, and the employee’s ability to have a witness present. The statute also limits how often certain IMEs may be requested without additional approval.
Workers’ compensation cases also make more direct use of medical evaluations and impairment opinions in determining benefits. Depending on the issue, medical opinions may relate to disability, work capacity, causation, treatment disputes, and in some circumstances permanent impairment awards. That is one reason IMEs tend to play a more formal and recurring role in workers’ compensation than in many ordinary third-party personal injury cases
Key Takeaways
An Independent Medical Examination can be an important issue in a New Hampshire injury case, but the details depend heavily on the type of claim. In a civil personal injury case, a defense-requested exam may arise when the plaintiff’s condition is genuinely in dispute, but it is not automatic in every case. In workers’ compensation, IMEs are addressed more directly by statute and often play a more defined role. Understanding that difference can help injured people better understand what to expect and how to protect their interests.
If you’ve been asked to attend a medical examination in connection with an injury claim, speaking with an experienced New Hampshire personal injury attorney can help you understand what type of exam is involved, whether it is mandatory, and how it may affect your case.