When you file a medical malpractice case, you must prove that the healthcare provider’s mistake led to harm. In some cases, the other side will ask you to submit to an independent medical exam (IME) to verify the harm you are reporting.
The impact of an independent medical exam in a Connecticut medical malpractice case can be substantial. Work with an experienced lawyer at D’Amico & Pettinicchi, LLC, who can prepare you for the exam.
When you bring a lawsuit seeking compensation for a healthcare provider’s medical error, you must prove two things:
Our Connecticut attorneys will establish the failure to meet the appropriate standard of care by providing opinions by medical experts and other witnesses. Your medical records may offer proof that you suffered harm, but often, the healthcare provider’s legal team may want another doctor to examine you to verify the information in your medical record and the claims you make in your lawsuit.
The physical exam is called an independent medical exam because you will not have a prior relationship with the doctor who will examine you. The examining physician works for the insurance company representing the doctor you are suing, and the insurance company will pay them. The examining physician will share the results of the IME with the insurance company and your attorney but will not provide any treatment or offer medical advice.
An independent medical examination is not something to be afraid of, but it is something to be prepared for. The examining physician will be looking for evidence that you are exaggerating your injuries or that you are partially responsible for them.
Connecticut General Statutes § 52-572h says that when an injured person is partially responsible for their condition, they must absorb some of their losses and can collect only the percentage of their compensation attributable to others’ actions. In other words, the negligent healthcare provider pays less if they can pin some of the blame on you.
Our lawyers at D’Amico & Pettinicchi, LLC, have extensive experience working with injured people in Connecticut to help them prepare for their medical exams. We will help you formulate honest answers to the questions the examining doctor will likely ask you.
Sometimes, despite the best preparation, the independent medical examination results in a report that does not support your claims. The insurance company’s IME is only one piece of evidence, and a skilled attorney can find and present other evidence establishing the severity of your injuries. The insurance company’s independent medical examiner does not have the last word.
Our legal professionals will challenge the insurance company’s IME. Depending on the specific circumstances, we could question the thoroughness of the exam and whether the examining doctor relied too much or too little on tests or laboratory results. Sometimes, the examining physician is not an expert in the particular injuries or conditions you suffer from.
In these cases, it might be worthwhile to seek another IME from a specialist with recognized expertise in your specific injury or condition. This doctor might have a different view of your injuries and the harm you suffered.
The impact of an independent medical examination in a Connecticut medical malpractice case is significant. The IME gives you the opportunity to prove the extent of the harm you suffered because of your healthcare provider’s malpractice.
IMEs are common in medical malpractice lawsuits, and they are an important part of the legal process. Work with the knowledgeable legal professionals at D’Amico & Pettinicchi, LLC, who can help you prepare and support you during the exam. Reach out today to schedule a free, in-person or remote, consultation with a member of the team.
