Don’t let the word, “independent,” confuse you when dealing with an independent medical examiner (IME). An IME is a doctor who examines a patient at the request of a third party, but was otherwise not involved in the patient’s medical treatment. Independent medical examiners are often hired by insurance companies, so it is no surprise that they often conclude that the insured person has no right to benefits. Logically, an insurance company is going to continue to hire an independent medical examiner who comes back with the opinion that it does not need to pay.
A case in Arizona showed that there is legal recourse available against independent medical examiners. An IME was hired by an insurer to analyze a workers’ compensation claim. It was concluded that there were no reasons for the employee to be away from work. The employee ended up having a spinal cord compression that was missed by the IME. By the time the condition was caught, it was too late. The worker was in such immense pain that he ended up overdosing on medication. The employee’s father decided to pursue a wrongful death claim in addition to the medical malpractice claim that was already in progress. The court’s findings were against the independent medical examiner.
