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The Independent Medical Exam (IME) in Maryland: Not Independent \| CallAmir.com

CallAmir.com · Maryland Personal Injury · Article 19

The IME Is Not Independent

Why the 'Independent Medical Exam' Works for the Insurance Company, Not for You

At some point in a Maryland injury claim, the insurance company will often ask you to attend what they call an "independent medical exam," or IME. The word _independent_ is doing a lot of work in that phrase, and almost none of it is honest.

The doctor who performs an IME is selected by the defense. The doctor is paid by the defense, or by the defense's insurer. And in a great many cases, the same handful of doctors perform these exams over and over for the same insurance companies. This is not your treating physician, and it is not a neutral second opinion arranged for your health.

The IME exists to produce a written report the defense can use to reduce, delay, or deny what an injured person is owed.

Why the Insurance Company Wants One

An injury claim rises or falls on medical proof. Your treating doctors document your diagnosis, your treatment, and your prognosis. That record supports your claim. The defense needs something to push back with — and a friendly examiner willing to write a skeptical report is one of the most effective tools they have.

Read enough of these reports and the patterns become familiar. The examiner tends to arrive at one or more of the following:

• The injury was caused by something other than the incident — old age, prior activity, or a condition you had before.
• A 'pre-existing condition' explains your current pain, so the defendant should not have to pay for it.
• You have reached 'maximum medical improvement' and have fully recovered.
• Your ongoing treatment is excessive or 'not medically necessary.'

Each of those conclusions has the same effect. It gives the insurance company a reason to value your claim lower, and it gives a defense lawyer something to wave in front of a jury.

The Exam Begins Before You Sit Down

People often assume the exam starts when the doctor walks in. It does not. Observation begins the moment you enter the building — sometimes in the parking lot. How you get out of your car. Whether you carry a bag on the injured shoulder. How you sit in the waiting room. Whether you wince, and whether you don't.

⚠ Everything you say and do can appear in the report A polite, offhand remark — "I'm having a good day," "the drive here wasn't too bad," "I can manage most days" — can be recorded, stripped of all context, and quoted back as evidence that you are not really hurt. Answer questions honestly and completely, but do not volunteer, minimize, or make small talk about your condition.

Honesty Still Matters — Do Not Exaggerate

None of this means you should overstate your pain. Exaggeration is a trap of its own. IME doctors are trained to look for it, and defense lawyers build entire cross-examinations around a plaintiff who was caught overstating symptoms. The goal is not performance. The goal is an accurate, consistent, honest account of how the injury actually affects your life — the same account you have given your own doctors all along.

What Maryland Law Actually Requires

Here is the part the insurance company would rather you not know: in a lawsuit filed in a Maryland Circuit Court, the defense cannot simply command you to appear for an exam. The process is governed by Maryland Rule 2-423.

★ Maryland Rule 2-423 — good cause and defined conditions When your physical or mental condition is genuinely in controversy, a court may order an examination only on a motion for good cause, and only after notice. The order must specify the time, place, manner, conditions, and scope of the exam, and who will perform it. That means the terms are not automatic — they can be contested.

★ Protective conditions are available Through the court, reasonable conditions can be sought — for example, limiting how far you must travel, or the scope of what the examiner may cover. In smaller cases filed in Maryland District Court, there is no automatic right to compel this kind of exam at all.

The takeaway is not that you should refuse every exam. Sometimes an exam is properly ordered, and refusing a lawful order carries its own consequences. The takeaway is that the IME is a legal event with rules — not a favor you owe the insurance company, and not a neutral medical visit.

How to Think About the IME

Treat the IME as what it is: a scheduled part of the defense's case, conducted by someone the defense selected and paid. Be truthful. Be consistent with your medical history. Do not minimize, do not exaggerate, and do not make casual conversation about your injuries. And do not walk into one without a Maryland personal injury attorney who understands how these exams are used — and how the rules that govern them can protect you.

An honest, well-prepared plaintiff has nothing to fear from an IME. An unprepared one hands the defense its best evidence.

This article is for general educational purposes only. It is not legal advice and does not create an attorney-client relationship. Maryland law changes, and every case turns on its own facts. If you or someone you love has been injured, speak with a Maryland personal injury attorney about your specific situation before making any decisions.

If you have been injured in Maryland, do not speak to the defendant's insurance company, their adjuster or attorney, it may jeopardize your case. Contact The Guerami Law Firm, LLC through CallAmir.com for a confidential consultation with Amir Guerami and his team.