What Is an Independent Medical Examination?
An Independent Medical Examination (IME) is a medical evaluation requested by the defense insurance company during a personal injury case. Despite the term «independent,» the physician is hired and paid by the insurer specifically to examine you—creating an obvious conflict. IMEs consistently produce findings that minimize injury severity, dispute the necessity of treatment, or attribute injuries to pre-existing conditions.
How IMEs Work in New Mexico
In litigation, Rule 1-035 of the New Mexico Rules of Civil Procedure allows the defense to request a court-ordered physical or mental examination when the plaintiff’s medical condition is genuinely at issue. The court may order the examination and can set conditions on its scope. In pre-litigation insurance claims, many policies require the insured to submit to an examination as a condition of coverage.
The IME physician typically reviews your medical records, conducts a brief examination (often 15–30 minutes), and produces a written report for the insurer. That report becomes a defense exhibit used to challenge your treating physicians’ findings.
How It Affects Your Personal Injury Case
IME reports are a routine defense tool. They create a «battle of the experts» at trial—your treating physician’s findings versus the IME doctor’s findings. The weight given to each depends on the physician’s credentials, their treatment relationship with you (none for the IME doctor), the time spent in the examination, and their financial relationship with the insurance industry. Your attorney can depose the IME doctor and explore their prior testimony and the percentage of their income from defense examinations.
Example Scenario
Patricia tears her ACL in a Taos slip and fall. Her orthopedic surgeon recommends surgery. The property owner’s insurer schedules an IME with a physician who spends 20 minutes with Patricia and reports the injury is a mild sprain that should resolve without surgery. Patricia’s treating surgeon has seen her monthly for six months and recommends surgery based on MRI findings. The competing reports become the central factual dispute in the litigation.
Frequently Asked Questions
Can I refuse an IME in my New Mexico personal injury case?
In a lawsuit, refusing a court-ordered examination under New Mexico Rule 1-035 can result in sanctions including dismissal of your claims. In a pre-litigation insurance claim, your policy may require you to submit as a condition of coverage. Your attorney can negotiate the scope, timing, and who conducts the exam.
Can I record my IME in New Mexico?
Recording policies vary and courts handle disputes on a case-by-case basis. Your attorney can request that a court reporter or observer be present to document what actually occurs during the examination. This is particularly important when the IME report later mischaracterizes what was said or what happened during the exam.
Have questions about an IME in your New Mexico case? Call El Gringo Law at (505) 207-5000 for a free case review.
