Independent medical examination
An examination by a doctor the other side chose. The word "independent" is doing a lot of work.
It is not treatment and the doctor is not yours. Understanding that before you walk in changes how the appointment goes. This is general information, not legal advice.
What it means
Where your physical or mental condition is in controversy, a party may obtain a physical or mental examination of you. A physical examination must be performed by a licensed physician or other appropriate licensed health care practitioner; a mental examination by a licensed physician or a qualifying licensed clinical psychologist.
The examiner is retained by the other side and will write a report used to evaluate or defend your claim. Nothing about the appointment is confidential in the way a consultation with your own doctor is.
The rules attach conditions to how and when it happens. If you are represented, this is something your lawyer prepares you for; if you are not, it is worth understanding before agreeing to anything.
Where this is dealt with properly
This entry is the short answer. These pages own the subject.
Common questions
- Do I have to attend?
- Where the examination is properly obtained in litigation, generally yes. The scope and conditions are governed by the discovery statutes rather than by the examiner.
- Is the examiner my doctor for that visit?
- No. They are not treating you and they are not acting for you. Anything you say is material for a report the other side commissioned.
Start a case review call
On a case review call, I go through the facts with you: what happened, when, whether you were hurt, whether anyone represents you, and how to reach you. It is not legal advice, and I will not put a value on your claim.
Sources: Code Civ. Proc., § 2032.020 (physical and mental examinations; the condition must be in controversy; who may examine).