Preparing your client for an IME in a compensation claim
A comprehensive Independent Medical Examination to support a personal injury claim is generally required if a person is making a claim for personal injury.
A medico-legal assessment (or IME) is used during the claim process and as evidence in court to decide the impact an injury or illness has had on a person and helps to determine the compensation they may be entitled to.
An independent medical assessment is different from a regular doctor’s appointment
A medico-legal assessment is a type of assessment conducted by a medical specialist or allied health practitioner who is considered an expert of their medical area such as orthopaedics, psychiatry, occupational therapy etc. This assessment is different from a regular doctor’s appointment in several ways.
First, the medico-legal assessment is typically conducted at the request of a lawyer, claim manager or employer. Second, the focus of the evaluation is on assessing the individual’s physical or mental health status in conjunction with the relevant legislation and impairment guidelines relating to the claim type, such as personal injury or workers’ compensation.
Third, the medico-legal assessment may involve additional testing or procedures beyond those typically conducted during a regular doctor’s visit. Finally, the medico-legal report which is issued following an assessment may be used and relied upon as evidence in court proceedings.
IME is different from regular GP care.
A medico-legal assessment is a one-off assessment by a medical specialist or allied health practitioner who acts as an independent medical expert in personal injury claims. This means they are not the person’s regular GP and aren’t an advocate for the case either way.
They are there to consider the available information in conjunction with their medical experience to provide an independent medical opinion on the resultant injury to the person (physical and/or psychological). As an expert witness, their duty is to that of the Court.
Assessment Preparation
Prior to an IME, the referring client needs to prepare a thorough Letter of Instruction and medical brief in advance that encompasses the whole picture from incident to injury. This ensures the medical expert understands the full scope of how the injury or illness has impacted the individual and that they have adequate evidence to support their independent medical opinion.
It’s vital to get this right, as it is common to have a difference of opinions in compensation claims and if an expert’s opinion is challenged, the evidence extracted from the medical brief is what strengthens their opinion.
A well prepared referral can also reduce the need for a supplementary report which can hinder case progression and adds costs to the process.
Client preparation
It is beneficial for a Claimant to understand the role of an independent medical examiner and what they should expect at the assessment. At Red Health, we encourage you to contact us if you or your client has any questions or concerns about their appointment.
We recommend that a Claimant should be prepared for their assessment and have listed some tips below:
- Bring notes about their injuries including the symptoms they experience and how they manage them
- Encourage them to contact Red Health to confirm appointment duration, best way to access the location, and to have any other questions answered.
- Answer the questions of the medical expert truthfully and to the best of their ability.
- Allow adequate travel time to reduce any stress or rushing
- Arrive 15 minutes prior to the appointment
- Ask for assistance from a Team Member at anytime
The medico-legal process is rarely easy; that’s why we are here. Contact us today to help you get the clarity you need.
