If you file a personal injury lawsuit in Georgia and your physical or mental condition is in dispute, the other side can ask the court to order you to be examined by a doctor of its choosing. This is usually called an independent medical exam (IME) or defense medical exam. It is not a normal doctor’s visit, and how you prepare can affect your case.
The examiner’s role is usually to evaluate your claimed injuries for the lawsuit, not to treat you, make referrals, or manage your care. Knowing what the court order allows, what to bring, and how to answer questions accurately will help you get through the appointment without surprises.
Key Takeaways
- Under O.C.G.A. § 9-11-35, a Georgia court can order an exam only on motion, for good cause, and with notice.
- The court order must spell out the time, place, manner, conditions, scope, and examiner.
- The IME doctor is not your treating doctor, and the exam is not treatment.
- Answer honestly and specifically; do not exaggerate or downplay your symptoms.
- You can obtain the examiner’s written report, but requesting it can affect privilege over other exams of the same condition.
What an Independent Medical Exam Is (and Isn’t)
Despite the name, an IME is arranged by the defense or its insurer, not by a neutral party. The examiner reviews your condition for litigation purposes and usually writes a report that the defense may use to argue about the cause, severity, or future course of your injuries.
That doesn’t mean you should treat the exam as a confrontation. It means you should understand its purpose, follow your lawyer’s guidance, and give accurate information. Insurers may use exam findings in settlement talks, so the exam can matter well before any trial. Our guide to how insurers evaluate pain and suffering explains why medical evidence carries so much weight.
When a Georgia Court May Order the Exam
Under O.C.G.A. § 9-11-35, when the mental or physical condition of a party, or of a person in a party’s custody or legal control, is in controversy, the court may order a physical examination by a physician or a mental examination by a physician or licensed psychologist. The court may issue that order only on motion, for good cause shown, and after notice to the person to be examined and to all parties.
The order must specify the time, place, manner, conditions, and scope of the exam and identify the examiner. These details matter. An exam order is not open-ended permission to change the appointment’s conditions or expand the evaluation beyond what the order or a written agreement allows. The parties can also agree to an exam without a court order, and the same report rules generally apply unless the agreement says otherwise.
Before a lawsuit is filed, your own auto policy may include cooperation terms for certain coverages, such as medical payments or uninsured motorist claims. Read your policy and ask your lawyer before agreeing to any exam request.
What the Exam May Include
The scope depends on the condition in dispute and the court’s order. A physical exam may include:
- Questions about your medical history
- A description of your current symptoms
- Range-of-motion or strength testing
- Observation of how you move, sit, and stand
- Review of relevant imaging or records
A mental exam may involve different testing and interview procedures. Ask your lawyer in advance what is authorized, what to bring, how long the appointment may take, and whether any special condition has been requested. Questions about recording, bringing a companion, testing, or travel should be resolved before the appointment when possible, because the statute itself does not address them; the order or agreement usually does.
How to Prepare for Your Exam
- Read the order or agreement with your lawyer. Confirm the date, time, location, examiner, and scope.
- Review your medical history. Be ready to separate earlier conditions from symptoms that started or changed after the incident.
- Bring only what’s required. Bring only the records, imaging, identification, medication list, or forms your lawyer confirms are needed.
- Plan your travel time. A missed appointment can create costs and problems for your case.
- Answer accurately. Don’t exaggerate a limitation, and don’t minimize symptoms to seem cooperative.
- Describe function in concrete terms. Explain what you can do, what you can’t do, and what causes pain, without rehearsed speeches.
The Examiner’s Written Report
Georgia law gives you a way to get the examiner’s detailed written report. If you request it, the party who arranged the exam must deliver a report setting out the findings, test results, diagnoses, and conclusions, along with reports of any earlier exams of the same condition.
The statute also addresses reciprocal disclosure and privilege. Requesting and obtaining the report, or taking the examiner’s deposition, can waive privilege over testimony from other examiners about the same condition, in that case or another case involving the same controversy. That is why your lawyer should decide how and when to request the report.
After the Appointment
Write down the start and end times, the tests performed, key questions you were asked, and anything that seemed outside the expected scope. Don’t post about the exam on social media. Share your notes with your lawyer, who can compare them with the order and the examiner’s report.
Keep following your own doctors’ treatment plans. Your treating providers’ records remain some of the most important evidence of your injuries, and gaps in care can be used against you. Our after the wreck guide covers other steps that protect your claim.
Frequently Asked Questions
Do I Have to Attend an Independent Medical Exam in Georgia?
If a court orders the exam under O.C.G.A. § 9-11-35, you generally must attend under the terms of the order. Refusing a valid order can lead to sanctions in the lawsuit. If you think a request is improper or too broad, your lawyer can raise that with the other side or the court.
Is the IME Doctor My Doctor?
No. The examiner evaluates your condition for the lawsuit and usually does not treat you, prescribe medication, or make referrals. Keep seeing your own providers and follow their recommendations.
Can I Bring Someone with Me or Record the Exam?
The statute does not directly address companions or recording. Those issues are usually handled in the court order or the parties’ agreement, so ask your lawyer well before the appointment. Don’t try to change the conditions on the day of the exam.
What If the IME Report Minimizes My Injuries?
An IME report is one piece of evidence, not the final word. Your treating providers’ records and testimony, imaging, and your own account can all respond to it, and your lawyer may be able to question the examiner. The report can also affect settlement talks, which is why careful preparation matters.
If you are in a Georgia injury lawsuit and received a request for a physical or mental examination, talk with The Gunn Law Group. Your consultation is free and carries no obligation, and there is no attorney fee unless we recover for you. Call 888-BIG-GUNN (888-244-4866).
