What Is an Independent Medical Exam (IME) in Georgia?
Short answer: An independent medical exam (IME) is an exam of an injured person by a doctor chosen and paid by the other side, usually the defense or an insurance company. In a Georgia lawsuit, a court can order one when your physical or mental condition is in controversy.
Definition
Despite the name, an IME is not independent in the everyday sense. The party asking for the exam picks the doctor, and the doctor evaluates your injuries, treatment and outlook for that party. Many injury lawyers call it a “defense medical exam.”
How it works in Georgia
- Court order: A court may order a physical exam by a physician, or a mental exam by a physician or licensed psychologist, when a party’s condition is in controversy and there is good cause (O.C.G.A. § 9-11-35(a)). Suing for an injury usually puts your condition in controversy.
- Terms of the exam: The order must set the time, place, manner, conditions and scope of the exam and name the examiner. The statute does not say whether your lawyer or a recording device may be present, so the lawyers or the judge usually settle that.
- The report: On request, you are entitled to a copy of the examiner’s detailed written report. Asking for it, or deposing the examiner, waives privilege as to testimony from other doctors who examine you for the same condition (O.C.G.A. § 9-11-35(b)).
Example
You sue after a truck crash in Atlanta and claim a back injury that needed surgery. The defense hires an orthopedic surgeon for an IME, and he writes that your surgery was not related to the crash. Your lawyer answers that opinion with your treating surgeon’s records and testimony.
Why it matters for your claim
- The examiner’s report can become key defense evidence on causation and future care. The IME doctor is not treating you, so keep seeing your own doctors.
- What you say and do at the exam can end up in the report, so describe your symptoms accurately, without exaggerating or downplaying them.
- Refusing a court-ordered exam can lead to sanctions (O.C.G.A. § 9-11-37(b)(2)).
Read more: Independent medical exams in Georgia personal injury cases.
Related terms
Frequently Asked Questions
Do I have to go to an IME?
If a court orders it, yes, unless your lawyer successfully challenges the order or its terms. Before any lawsuit, many auto policies also require an exam by the insurer’s doctor for a med pay or UM claim with your own insurer, and refusing can put that claim at risk.
Who pays for the IME?
The side that asks for the exam normally pays the doctor. You should not receive a bill for it.
Browse the full Georgia personal injury glossary
Questions about how this applies to your accident? Call 888-BIG-GUNN or request a free case review. There is no fee unless we win.
This is general information about Georgia law, not legal advice for your situation.
