Independent Medical Evaluation (IME) Services at Performance Spine and Brain

What is an Independent Medical Evaluation?

An independent medical evaluation (IME) can have different definitions based on the state or jurisdiction involved.

Sometimes, an independent medical evaluation is used as a second opinion in a personal injury lawsuit and often is used to counter or validate the opinion of the primary treating physician.

In the case of workers’ compensation, an independent medical evaluation is used to provide an opinion independent of and comment on the primary and secondary opinions.

In the state of Louisiana, independent medical evaluations are often court-ordered in a workers’ compensation case as the “third” opinion and serve as a tie-breaker so that a court can decide how to proceed with the treatment of a patient.

The independent medical evaluation is objective and nonbiased, with a very limited doctor-patient relationship.

Since the role and definition of an independent medical evaluation varies by jurisdiction, Performance Spine and Brain works with requesters to provide the various laws and regulations surrounding such requests.

A truly unbiased and independent medical evaluation is very important to present to courts when dealing with workers’ compensation and disability claims in order to help the courts interpret the various other opinions and treatments performed and recommended for patients so that cases can be resolved.

Doctor high-fiving girl with teddy bear.

Legal Use of IME Reports in U.S. Courts

At Performance Spine and Brain, the Daubert Standard is applied and originates with a practicing neurosurgeon who actively publishes and participates in peer discussions and specialty medical conferences.

This ensures that opinions and subsequent testimonies given are admissible in court, with the surgeon being qualified numerous times with an expert witness in his testimonies.

Lawyers shaking hands over contract and gavel.

The Role of IMEs in Workers' Compensation Claims

Independent medical evaluation is important in workers’ compensation claims as they are typically ordered by courts because there is a significant disagreement between primary and secondary medical opinions.

The court needs help to determine how to rule in a workers’ compensation claim and relies on an expert to provide essentially a tie-breaker opinion and to clarify the elements of the previous opinions.

During an independent medical evaluation, it is important to understand the impact of the evaluation, address future medical needs and expenses carefully, and determine when an individual reaches maximal medical improvement and his final disability rating.

Since the goal is to return a worker to active employment, an independent medical evaluation should include temporary and permanent work restrictions along with ways to get an individual back to his previous job or alternative employment options.

Further treatments and evaluations, such as functional capacity examinations, can be suggested.

Doctors reviewing medical charts and X-rays.

Confidentiality and HIPAA Compliance in IMEs

As with all patient interactions and information, Performance Spine and Brain follows strict HIPAA standards and diligently protects all confidential patient information.

The standards of medical record confidentiality are followed during independent medical evaluations, which are released only to the requesting party and contain only information perceived pertinent to the given evaluation.

Frequently Asked Questions (FAQ)

  1. What is an independent medical evaluation?

    An independent medical evaluation evaluates the complete situation of an individual along with any primary and secondary opinions rendered on his case. This often is court-ordered in the state of Louisiana for workers’ compensation claims and serves as a third and tie-breaking opinion to help the courts decide on the ultimate outcome in a workers’ compensation case.

  2. How long does an IME take?

    Some evaluations require additional testing and information to formulate, but if all information is available, evaluations are often rendered in a formal report in a matter of days after the visit with the individual involved. The visit to examine the individual often will take 30 to 60 minutes.

  3. Who requests an independent medical evaluation?

    Independent medical evaluations are requested by courts in the case of workers’ compensation or by the defense team in personal injury cases.

  4. How do state laws affect the IME process?

    Each state and jurisdiction can have different laws regarding independent medical evaluations. These laws will be followed carefully and can be explained by the staff at Performance Spine and Brain based upon the jurisdiction and situation involved.

  5. Do I have to attend an IME if requested?

    Since independent medical evaluations often are court-ordered, individuals not presenting for a designated evaluation can face legal and financial repercussions. At Performance Spine and Brain, we are happy to try to accommodate an individual who cannot make a designated time due to unforeseen circumstances, but we ask individuals to contact us or their representatives as soon as delays or conflicts are unrecognized.

  1. Can I bring my medical records to an IME?

    This varies by jurisdiction and situation, but we are happy to examine any records that you bring and incorporate them into the evaluation when they are legally allowable.

  2. Are IME reports admissible in court?

    Absolutely. This is why independent medical evaluations are often requested.

  3. How objective are independent medical evaluations?

    At Performance Spine and Brain, we try to provide the most objective and evidence-based evaluations possible, understanding that the purpose of an independent medical evaluation is to be just that—INDEPENDENT.

  4. How does an IME affect my workers’ compensation claim?

    Courts often use independent medical evaluations to rectify the differing opinions in primary and secondary medical evaluations. They are one of the final steps before courts rule on the outcome of a workers’ compensation case.

  5. Is the IME report confidential?

    Performance Spine and Brain shares the independent medical evaluation report only with the requesting party and any other parties as requested by a subpoena.

  6. How do I schedule an IME with Performance Spine and Brain?

    Simply give us a call. Our friendly staff will guide you through the process.

Do You Need an Independent Medical Evaluation (IME)
for Worker’s Comp or Disability Claims?

Performance Spine and Brain encourages courts and legal professionals to contact us to schedule an independent medical evaluation or to have us to guide you through the process and offer solutions for your expert opinion needs.

We produce legally-sound, unbiased, objective, and compliant independent medical evaluation reports in a timely fashion and stand by the work by supporting the evaluation findings in depositions and trial situations. You can put your trust in Performance Spine and Brain’s experienced professionals.

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