IME (Independent Medical Examination) Myths Busted!

Myths are common in most industries, and the medico-legal sector isn’t exempt, especially when it comes to IMEs and the Independent Medical Examination process. The most common sectors that require IMEs are personal injury, superannuation and disability, and fitness for duty where the report issued following an IME is used as evidence to support decision-making during the claim process and is a vital part of the litigation process should a case proceed to trial. 

Dispelling medico-legal myths and humanising the medico-legal industry is part of Red Health’s compassionate approach. Here we break down two common misconceptions.

A medical expert is just a hired gun with a biased opinion 

A common myth is that medico-legal providers seek to prioritise financial gain over ethical and professional standards, leading to biased or misleading reports. This has led to allegations of hired guns or insurance agency puppets positioned to provide evidence that naturally supports the respondent as opposed to impartial and objective medical opinions and seeking truth and justice in the case.

The majority of medico-legal experts are highly qualified and committed to providing impartial, evidence-based reports. Whilst there is a commercial element involved when medical specialists make the leap into medico-legal work, they often choose this path because they want to diversify their practice and use their expertise in a different way. Medical experts are bound by professional and legislative codes of conduct and ethical standards to provide accurate, unbiased opinions based on the available evidence. 

The medico-legal industry is no different to other industries – there is a small minority of medico-legal experts that may deviate from best practice when it comes to providing their medical opinion. How this is managed and addressed really comes down to how that expert is engaged and utilised in the medico-legal industry by the referring client. 

Medical experts are specifically chosen based on factors such as years of experience in profession, special interest areas, reputation, court experience, knowledge of claim process, willingness to accept complex cases, location, availability, report turnaround times, consistency of opinion and many others. 

At Red Health, we foster a fair and reasonable approach as we believe that this supports best practice. We take time to get to know our medical experts and provide information to our referring clients that allow them to make informed decisions when it comes to selecting the best suited medical expert for their case. Medical experts play a vital role by providing medical evidence which helps legal and insurance professionals to manage and resolve claims or matters relating to injury or illness. 

As a medico-legal provider we recognise our obligation to provide our clients with access to credible and reputable medical experts. Our obligation also extends in building upon our medical experts’ understanding of their role as an expert witness and preserving their credibility and reputation. We do this with education, guidance and support. This approach ensures that medical experts can also make informed decisions when accepting referrals and providing their opinions. 

Ultimately, we all have a role to play when it comes to best practice in our industry.

An IME is just like going to your doctor

Another common medico-legal myth is that an Independent Medical Examination is just like seeing your General Practitioner.

This is not the case and here is why –

An independent medical examiner is a medical specialist that has undergone medico-legal based training and accreditation to provide their medical opinion and is known as an expert witness. This means that they are bound by the Expert Witness Codes of Conduct and their duty is to the Court – not the individual being assessed or insurance company or the legal representative. They are unable to provide any treatment to the individual being assessed, therefore, no patient/doctor relationship can exist and may be deemed a conflict of interest depending on the nature of the referral, and can put their ability to be impartial under the spotlight. 

In a GP setting, the individual being seen is known as a patient. The GP’s role is to provide ongoing advice on the prevention, intervention and management relating to any health related matters. They are typically viewed as an advocate for their patient as they have a duty to provide their services in the best interest of the patient.

Here is some further information which may help in preparing your client for an IME.

A medico-legal vanguard

We know navigating the medico-legal world can be overwhelming. Since 2011 we’ve been taking the complexity, frustration and delay out of independent medical reporting.
Stay tuned for more blogs with real medico-legal guidance. Head to our FAQs or contact us to experience the Red Health difference!