Throughout a personal injury claim, it is often necessary for the injured claimant to attend one or more examinations with medical experts, in addition to the consultations with their treating medical practitioners. Injured claimants may wonder what an independent medical examination is, and why they are necessary when they are already being treated by medical specialists.
What is an independent medical examination?
An independent medical examination, as the name suggests, is a medical examination with an independent expert in a particular medical field. The type of medical expert depends on the nature of the claimant’s injuries. For example, an injured claimant who has sustained a shoulder injury would likely be examined by an orthopaedic surgeon, or an injured claimant with a psychological injury may be examined by a psychiatrist. If there are multiple injuries, it may be necessary to undergo examinations by multiple medical experts.
What is the purpose of an independent medical examination?
The purpose of an independent medical examination is to obtain expert evidence in the form of a medico-legal report. Medico-legal evidence is used to identify and prove the nature and extent of the injuries sustained by the claimant. This evidence is particularly important in circumstances where a claimant has sustained permanent injuries.
A medico-legal report will often address a number of important issues, including but not limited to:
- The diagnosis of the claimant’s injuries.
- Whether the claimant’s injuries are considered to be stable and stationary.
- Whether the claimant has sustained a permanent impairment as a result of the injuries.
- Whether the claimant’s injuries are likely to impact their functional work capacity.
- Whether any further treatment is required.
This medico-legal evidence then assists the parties to substantiate and quantify their claims.
Who can request an independent medical examination?
As mentioned above, it is often necessary and important for an injured claimant to undergo independent medical examinations to obtain supporting medico-legal evidence in their claim. It is also common for the respondent, often an insurance company, to also require their own medico-legal evidence. Therefore, the legislation allows respondents to request for claimants to undergo independent medical examinations as well.
In Queensland, the respondents are usually required to provide the injured claimant with a panel of three experts from a chosen specialty to select from. It is common for respondents to obtain medico-legal evidence from the same type of expert that the claimant has obtained reports from.
Why do both parties obtain medico-legal evidence?
If you have an injury and go to two different doctors, you may find that both doctors have different opinions regarding the nature and extent of the injury. This does not necessarily mean that one doctor is wrong. In some circumstances, the field of medicine involves a degree of subjectivity by medical professionals and therefore, opinions between two doctors can differ. This is often why people may wish to seek second opinions from doctors.
This principle also applies to medico-legal evidence in personal injury claims. In some cases, the medico-legal evidence is consistent or largely consistent, however, it is more often the case that there is a divergence between the opinions expressed in medico-legal reports obtained by claimants and respondents. This difference of opinion can significantly alter the outcome of a claim because of the reliance on medico-legal reports in determining the quantum, or full value, of a claim.
Therefore, it is very important for injured claimants to obtain supportive medico-legal evidence in their claim. An experienced personal injuries lawyer is integral to this process and gives claimants the best chance to obtain supportive evidence in their claim to maximise the compensation available to them.
