Are independent medical examiners immune from suit?

Answer:

Whether an independent medical examiner is immune from a lawsuit depends on why they were examining you and whether their examination caused any damages. In general, the examiner’s actions must have caused damages in addition to those in dispute in the lawsuit which he was hired to investigate.

Independent Medical Examinations Explained

An independent medical examination is performed by a neutral physician. This physician is hired by the other parties to investigate the plaintiff or other injured party to determine the extent of their injuries. Often, the examiner will write a report and testify in court about the exam, making him a witness. Because the examiner is technically a witness, he is immune from lawsuits for his exam findings.

This rule is true regardless of who hires the examiner. Sometimes, both parties will select an examiner of their choice and the plaintiff or patient will be required to undergo two examinations. Both examiners will be considered witnesses regardless of who hired them.

Exception to Immunity

An examiner is not immune if during his exam he causes additional or new injuries. This means that if the examiner exacerbates the current injuries in any way or handles the patient in a manner that causes new injuries or illnesses to develop he may be liable for malpractice. This malpractice suit, however, would be litigated separately from the litigation in which the examiner acted as a witness.

Getting Leal Help

If you believe that an examiner committed malpractice during his exam, speak with a lawyer. An attorney will review the facts of the exam and discuss with your legal options with you.

References:

Can I Sue an IME Doctor For Malpractice?

Get Informed - Medical Malpractice Laws & Information

Medical Malpractice Basics - Learn about the basic elements of a medical malpractice case.

Types of Medical Malpractice - Learn about the most common types of medical malpractice related injuries.

Key Legal Issues in Medical Malpractice Cases - Find out what legal elements must must exist for a legitimate medical malpractice case.

Diagram of a Medical Malpractice Case - Get information on the steps involved in pursuing a medical malpractice claim.

Birth-Related Medical Malpractice - Childbirth injuries are among the most common reasons a medical malpractice case will arise.

State-by-State Medical Malpractice Laws - Learn about the time limits to file a malpractice claim, limits on money damages, and other state specific laws.