What is an independent medical exam in a Georgia personal injury case?

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An independent medical examination, often called an IME, is an evaluation of an injured plaintiff performed by a physician chosen by the defense rather than by the plaintiff’s own treating doctors. In a Georgia personal-injury case it is a discovery device that lets the defending side obtain its own medical assessment of injuries the plaintiff has put in dispute. The authority for it comes from O.C.G.A. § 9-11-35.

When the exam is allowed

A defendant cannot demand a medical exam simply because a lawsuit was filed. Under § 9-11-35, a physical or mental examination may be ordered when the condition of the person to be examined is genuinely in controversy and the requesting party shows good cause. Those two requirements work together: the plaintiff’s physical condition must be a real issue in the case, and the defense must have a legitimate reason to need its own evaluation.

Because a plaintiff who sues for bodily injury places that condition squarely in issue, the “in controversy” element is often satisfied. The good-cause requirement keeps the examination tied to a real need rather than allowing it as a routine formality.

What the examiner does, and the label “independent”

The examining physician reviews the plaintiff’s condition and typically prepares a report on the nature and extent of the injuries, often addressing whether they were caused by the incident and whether any limitations are permanent. Despite the word “independent,” the doctor is selected and paid by the defense, and the resulting opinion frequently favors the side that arranged the exam. The examination is not treatment; it is an evaluation gathered for the litigation.

Key features of an IME include:

  • A defense-selected physician rather than a neutral court appointee.
  • A focus on the conditions the plaintiff has placed in controversy.
  • A written report that the parties may exchange under the statute.
  • The possibility that the examiner later testifies about the findings.

The bottom line

An independent medical exam in a Georgia injury case is a defense-arranged evaluation authorized by § 9-11-35 when the plaintiff’s condition is in controversy and good cause is shown. It gives the defending side its own medical opinion on injuries already at issue, but the “independent” label can be misleading, since the examiner is chosen by the defense and the findings often support that position.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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