A Defense Medical Examination (DME), often referred to as an Independent Medical Examination (IME), is a physical or mental exam that the defense can order when you file a personal injury lawsuit in New York.
Under CPLR § 3121, once your condition is in litigation, the defense can nominate a physician to perform the exam. The resulting report becomes part of the evidence to evaluate, and most likely dispute, your personal injury claim.
A Defense Medical Examination differs from the exams that your insurer may schedule earlier in the claims process. There may be some confusion as both are often called an “IME”, but they follow different rules and happen at different stages of the legal process.
Key Takeaways
- A DME is triggered once you file a lawsuit and your medical condition becomes part of the case.
- It is governed by CPLR §3121.
- You can’t choose the doctor, but you may object to one for bias or prejudice.
- The defense is entitled to a copy of the report. In rare cases, courts may allow multiple DMEs when a defendant can prove the need for them.
The Process of a DME for a Personal Injury Case in New York
The exam can be scheduled 20 days after notice is properly served. The notice must specify the time, location, scope of the exam, and the name of the designated doctor.
The doctor who performs the exam works for the defense, not for you or your personal injury attorney. Their job is to form an opinion that the defense can use. While these exams do follow facts, they can be framed in a way, through the doctor’s opinion, to minimize the cause, severity, or existence of your claimed injury or injuries.
- You are entitled to a copy of the written report after the exam.
- Reports are usually provided within 45 days of the exam.
- You can bring a representative to observe. This is often a member of your personal injury lawyer’s staff, who will take detailed notes and ensure that your rights are respected during the examination.
The doctor performing a defense medical examination is not permitted to offer treatment advice. They can also not pressure you into making admissions about your injuries. Their examination must remain within the medical scope of the claimed conditions. Due to the sensitivity of these examinations and the potential for procedural violations, it is crucial that you have an experienced representative attending.
You Cannot Refuse an Examination Outright
You cannot refuse a defense medical examination, and if you tried, the court would likely compel you to attend or rule in a way that blocks you from presenting specific evidence about your own injuries.
However, you may:
- Challenge the specific doctor if there is evidence of bias against injured plaintiffs or their personal injury attorneys.
- Object to the scope or number of exams if the defendant requests examinations that don’t have a legitimate medical basis related to your claim.
A Long Island Personal Injury Lawyer Can Provide Support and Legal Advice Throughout the DME Process
A defense-hired doctor is a legitimate medical professional, but they are not looking out for your interests. The way you prepare for and conduct yourself during a defense medical examination can affect the outcome of your personal injury case.
A personal injury lawyer helps by ensuring the exam stays within scope and that the resulting report is challenged if appropriate.
The Raimondo Law Firm has extensive experience protecting injured clients throughout every stage of litigation, including defense medical exams. Safeguard your rights and prepare a case that fairly reflects the severity of the injuries you have suffered. Call a Long Island personal injury lawyer at (631) 471-1222.
