Slip and Fall Claims and IME's in Massachusetts

If you are involved in slip and fall litigation in Massachusetts, you should be aware of the right of the defense to conduct an IME (Independent Medical Exam).  This right comes from Rule 35 of the Massachusetts Rules of Civil Procedure which states:  "When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician or to produce for examination the person in his custody or legal control."

The IME will be arranged by the defense attorneys defending the case and will be paid for by the insurance company that insures the party that you are suing for injuries.  The doctor's report of his/her findings following the IME must be released to your attorney following a written request for same.

Remember that the IME doctor wants to have continued business from the insurance companies so therefore, do not be surprised if that doctor says in his/her report that you are not injured or, not injured to the extent that you claim.

Comments

[Michael]

I find this article drives home a great point as it relates to not only those PI plaintiffs, but also to workers comp claimants who seem to always ask me, "Do I really need to let their doctor examine me?" Great Article.

[Kate]

Also important to ask up front for a copy of the report...although they all typically read the same. Enjoyed the article.

[Dr. D]

Actually, I recently began doing IME's in MA and I must add that some treatment has been completely excessive and some very appropriate. I by no means do standard reports nor examinations. It depends on what is wrong, what has been done, how the documentation is...
I would say it's about half and half as far as continuing vs. cutting off.

There are some scary cases out there, months of treatment with no positive response nor no end point in site nor appropiate protocols followed.... in other words completely irresponsible and unethical treatment.
There are also the valid cases that are being treated properly with documented changes (or not, at least documented and correct).
I am sure there are unethical IME's that consider only the insurance companies and repeat business, though not everyone is coming from that perspective.