For many years PI attorneys resisted against the concept of “independent” medical exams. We didn’t argue that defendants weren’t allowed to have a doctor evaluate our clients injuries. Rather, we objected to the concept that a doctor hired by one side to do a medical-legal exam is really “independent.”
And now that unfortunate label seems to be fading away. In Rowe v. Wahnow, decided by a New York appellate court, plaintiff’s auto case was dismissed based on the “IME” reports of the defendant’s doctors.
But in dissent cJustice Douglas McKeon, questioned whether the concept that such “IME” reports are actually independent. And he does so with support from New York’s Chief Judge, Jonathan Lippman:
This really brings into question whether "IMEs" can still be called IMEs.