Independent Medical Examination Notice

INDEPENDENT MEDICAL EXAMINATION (IME) NOTICE

Plaintiff's Notice / Response / Objections

PART A: DEFENDANT'S IME REQUEST - REVIEW AND RESPONSE

[LAW FIRM LETTERHEAD]

DATE: [________________________________]

VIA: [Mail / Email / ECF]

TO:

[DEFENSE COUNSEL NAME]
[FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]

RE: RESPONSE TO IME DEMAND

Dear Counsel:

We are in receipt of your demand for an independent medical examination of our client pursuant to [FRCP 35 / STATE RULE]. Please be advised of our response and conditions as follows:

I. RESPONSE

☐ Our client will appear for the IME at the time and place specified, subject to the conditions set forth below.

☐ We object to the IME for the reasons set forth below and request that you withdraw or modify the demand.

☐ We object to certain conditions of the IME as set forth below.

☐ We request rescheduling due to [REASON].

II. CONDITIONS FOR IME ATTENDANCE

Our client's attendance at the IME is conditioned upon the following:

A. Examination Limitations

☐ The examination shall be limited to the body parts/conditions in controversy, specifically: [________________________________]

☐ The examination shall not exceed [___] hours in duration.

☐ The examiner shall not take a medical history beyond what is necessary for the physical examination.

☐ No invasive procedures shall be performed without prior written consent.

☐ No blood draws or other specimen collection without prior agreement.

☐ The examination shall include only [specific tests agreed upon].

B. Recording and Observation

☐ Our client shall be entitled to have the examination audio recorded.

☐ Our client shall be entitled to have the examination video recorded.

☐ Our client shall be entitled to have an observer present during the examination.

☐ The observer shall be: [Name and relationship]

☐ The observer shall not interfere with the examination but may take notes.

C. Examiner Qualifications

☐ Please confirm the examiner's qualifications, including:

• Board certifications
• Medical licenses
• Relevant experience
• Prior testimony in litigation

☐ We reserve the right to object to the designated examiner if qualifications are inadequate.

D. Report and Records

☐ We request a copy of the examiner's report within [___] days of the examination.

☐ We request copies of all notes, measurements, and raw data from the examination.

☐ We request that the examiner review only the medical records we provide (enclosed herewith).

☐ We object to the examiner reviewing records from [specific source] because [reason].

E. Location and Scheduling

☐ The examination location is acceptable.

☐ We request the examination be conducted at [alternative location] because [reason].

☐ The scheduled date/time is acceptable.

☐ We request rescheduling to [alternative date/time] because [reason].

☐ We request that you provide at least [___] days notice for any rescheduling.

F. Transportation and Costs

☐ Defendant shall pay for client's transportation costs.

☐ Defendant shall pay for client's lost wages for time attending IME.

☐ Defendant shall reimburse client for mileage at the IRS rate.

☐ Defendant shall provide transportation for client who cannot drive.

III. OBJECTIONS

We object to the requested IME on the following grounds:

☐ Physical condition not in controversy. Plaintiff's [body part/condition] is not genuinely in controversy as required by [Rule 35/state equivalent].

☐ No good cause shown. Defendant has not demonstrated good cause for the examination.

☐ Cumulative/duplicative. Defendant has already obtained an IME and no circumstances warrant a second examination.

☐ Improper scope. The requested examination exceeds the scope of the claims at issue.

☐ Unqualified examiner. The designated examiner lacks appropriate qualifications.

☐ Biased examiner. The designated examiner has demonstrated bias [explain].

☐ Unreasonable conditions. The conditions of the examination are unreasonable, specifically: [________________________________]

☐ Improper timing. The request is premature/untimely because [reason].

☐ Other: [________________________________]

IV. MOTION FOR PROTECTIVE ORDER

☐ If the above objections/conditions are not agreed to, we intend to file a motion for protective order seeking:

☐ Denial of the IME request
☐ Limitation of the scope of examination
☐ Change of examiner
☐ Right to record/observe
☐ Other protections: [________________________________]

V. CONFIRMATION REQUESTED

Please confirm in writing that you agree to the above conditions. Upon confirmation, we will instruct our client to appear at the scheduled time and location.

Very truly yours,

[SIGNATURE]

[ATTORNEY NAME]
Attorney for Plaintiff
[STATE BAR NUMBER]

PART B: IME PREPARATION CHECKLIST FOR CLIENT

PREPARING FOR YOUR INDEPENDENT MEDICAL EXAMINATION (IME)

Client: [________________________________]
IME Date: [________________________________]
IME Time: [________________________________]
Examiner: [________________________________]
Location: [________________________________]

BEFORE THE EXAMINATION

General Preparation

☐ Get a good night's sleep the night before
☐ Eat a normal meal before the examination
☐ Take your regular medications as prescribed
☐ Arrive 15 minutes early
☐ Bring a valid photo ID
☐ Bring your insurance cards
☐ Bring a list of all current medications
☐ Bring any assistive devices you use (brace, cane, etc.)

Documents to Bring

☐ Copy of this preparation checklist
☐ List of all treating physicians
☐ List of all medications with dosages
☐ List of symptoms and when they occur
☐ Any questions you want to ask
☐ Observer's contact information (if applicable)

Transportation

☐ Arrange transportation (do not drive if you are in pain)
☐ Bring a support person to drive you home
☐ Know the exact location and parking instructions
☐ Allow extra time for traffic/parking

DURING THE EXAMINATION

Important Guidelines

DO:

☐ Be polite and cooperative
☐ Answer questions truthfully and accurately
☐ Describe your symptoms honestly - do not exaggerate or minimize
☐ Tell the examiner when something hurts
☐ Tell the examiner if you need to stop or rest
☐ Describe your limitations on both good days and bad days
☐ Mention all body parts that were injured
☐ Describe how your injuries affect your daily life
☐ Note the start and end time of the examination
☐ Pay attention to what tests are performed

DO NOT:

☐ Exaggerate your symptoms or injuries
☐ Minimize your symptoms or try to "tough it out"
☐ Volunteer information not asked
☐ Discuss the accident details unless specifically asked
☐ Discuss settlement or litigation
☐ Perform any activity that causes you significant pain
☐ Argue with the examiner
☐ Sign any documents without your attorney's approval
☐ Provide medical records (attorney has already provided these)

Answering Questions

☐ Listen carefully to each question
☐ Answer only the question asked
☐ If you don't understand, ask for clarification
☐ If you don't know or don't remember, say so
☐ Be consistent with what you've told your own doctors
☐ Describe symptoms at their worst AND at their best

Physical Examination

☐ Tell the examiner if any movement or test causes pain
☐ Rate your pain on a 1-10 scale if asked
☐ Describe where specifically you feel pain
☐ Describe the type of pain (sharp, dull, burning, aching, etc.)
☐ Do not perform any movement that causes severe pain
☐ Ask to stop if you need a break

AFTER THE EXAMINATION

Immediately After

☐ Note the exact time the examination ended
☐ Write down everything you remember about the examination
☐ Note what questions were asked
☐ Note what physical tests were performed
☐ Note how long the examination lasted
☐ Note if the examiner seemed thorough or rushed

Contact Your Attorney

☐ Call our office to report on the examination
☐ Describe how the examination went
☐ Report any problems or concerns
☐ Tell us if the examiner said anything concerning

POST-IME QUESTIONNAIRE

Client Name: [________________________________]
IME Date: [________________________________]
Examiner: [________________________________]

Arrival Time: [________] Exam Start Time: [________] Exam End Time: [________]

Total Examination Duration: [________] minutes

History Taking

1. Did the examiner ask about your accident?
   ☐ Yes ☐ No
   If yes, what questions? [________________________________]

2. Did the examiner ask about your symptoms?
   ☐ Yes ☐ No
   If yes, what symptoms did you discuss? [________________________________]

3. Did the examiner ask about your medical history before the accident?
   ☐ Yes ☐ No
   If yes, what was discussed? [________________________________]

4. Did the examiner ask about your current treatment?
   ☐ Yes ☐ No

5. Did the examiner ask about how the injury affects your daily life?
   ☐ Yes ☐ No

Physical Examination

6. What body parts were examined?
   [________________________________]

7. What tests were performed? (check all that apply)
   ☐ Range of motion testing
   ☐ Strength testing
   ☐ Neurological testing (reflexes, sensation)
   ☐ Palpation (pressing on body parts)
   ☐ Special tests (describe): [________________________________]
   ☐ Other: [________________________________]

8. Did the examiner seem thorough?
   ☐ Yes ☐ No
   Comments: [________________________________]

9. Did any test cause you pain?
   ☐ Yes ☐ No
   If yes, which tests? [________________________________]

Examiner Comments

10. Did the examiner make any comments about your condition?
    ☐ Yes ☐ No
    If yes, what was said? [________________________________]

11. Did the examiner express any opinions about causation?
    ☐ Yes ☐ No
    If yes, what was said? [________________________________]

12. Did the examiner recommend any treatment?
    ☐ Yes ☐ No
    If yes, what? [________________________________]

Problems or Concerns

13. Were there any problems during the examination?
    ☐ Yes ☐ No
    If yes, describe: [________________________________]

14. Did the examiner say or do anything that concerned you?
    ☐ Yes ☐ No
    If yes, describe: [________________________________]

15. Any other comments?
    [________________________________]

Client Signature: _________________________________ Date: ______________

PART C: IME REPORT REQUEST

[LAW FIRM LETTERHEAD]

DATE: [________________________________]

TO: [DEFENSE COUNSEL]

RE: DEMAND FOR IME REPORT

Pursuant to [FRCP 35(b) / State Rule], please provide a copy of the IME report prepared by Dr. [NAME] within fourteen (14) days of this request.

Please also provide:
☐ All notes taken during the examination
☐ All raw test data and measurements
☐ Any preliminary or draft reports
☐ The examiner's CV

Thank you for your prompt attention.

[ATTORNEY NAME]