An Independent Medical Examination (IME) is often requested by an insurance company to verify the severity of your injuries. When attending an IME in Markham or the GTA, it is crucial to be entirely truthful, avoid exaggerating symptoms, and remember that the evaluating doctor works for the insurer, not for your medical recovery.
If you have filed a personal injury claim or are receiving benefits under Ontario’s Statutory Accident Benefits Schedule (SABS), you will likely be asked to attend an Independent Medical Examination (IME). Despite the word “independent,” these assessments are paid for by the insurance company. The insurer’s goal is to gather an objective assessment of your injuries, determine if you are fit to return to work, and evaluate if you require ongoing medical treatments in Markham.
Attending an IME can feel intimidating, especially when you are already dealing with pain and the stress of a lawsuit. Knowing how to conduct yourself during the examination can significantly impact the outcome of your claim in the Ontario Superior Court of Justice. Here is a practical, step-by-step guide to handling your IME properly.
Step-by-Step Process for Handling an IME in Markham
Preparation is key. Whether your IME is scheduled at a clinic near Highway 7 in Markham, or you need to travel elsewhere in the Greater Toronto Area, following these steps will help protect your legal rights and ensure your medical condition is documented accurately.
Step 1: Review the IME Notice with Your Legal Team
Never ignore a notice for an IME. In Ontario, attending a scheduled examination is generally a mandatory requirement to keep your insurance benefits flowing or your lawsuit active. As soon as you receive the letter, share it with your personal injury lawyer. They will review the doctor’s specialty (e.g., orthopaedic surgeon, psychiatrist) to ensure it aligns with your specific injuries, and they will confirm the date, time, and location.
Step 2: Prepare Your Medical History
The IME doctor will have reviewed a brief provided by the insurance company, but you will also be asked questions. Be prepared to discuss your medical history accurately. Know the dates of your accident, the treatments you have received at the Markham Stouffville Hospital or local physiotherapy clinics, and a list of all medications you are currently taking. Do not hide prior injuries, as uncovering a pre-existing condition later can damage your credibility.
Step 3: Attend the Examination and Be Truthful
During the exam, honesty is your best policy. Do not exaggerate your pain, but do not downplay it either. If an movement hurts, say so clearly. The doctor is trained to look for “waddell signs”-inconsistencies that suggest a patient is faking or amplifying symptoms. Answer questions directly, keep your answers concise, and avoid volunteering information about the legal aspects of your lawsuit. Remember, the doctor is there to evaluate your physical or mental state, not to provide treatment or legal advice.
Step 4: Take Detailed Notes Afterward
As soon as you leave the clinic, sit in your car or find a quiet place to write down everything you remember. Note how long the examination lasted, the specific tests the doctor performed, and any questions that felt inappropriate. Providing this timeline to your law firm is valuable in case the final IME report contains factual errors or claims the exam lasted longer than it actually did.
How Much Does an IME Cost in Ontario?
The financial mechanics of medical examinations can be confusing for plaintiffs. Here is a breakdown of the typical costs associated with these assessments in Ontario.
| Expense Type | Who Pays? | Typical Cost (CAD) |
|---|---|---|
| The Insurance IME | The insurance company requesting the exam. | $1,500 – $3,500+ |
| Travel Expenses | The insurer (often reimburses mileage/transit). | Varies (Keep your receipts) |
| Rebuttal Medical Report | Your lawyer (recovered from final settlement). | $2,000 – $6,000+ |
If the insurance company’s IME report is highly unfavourable and suggests cutting off your benefits, your lawyer may decide to hire their own medical expert to conduct a rebuttal examination. This ensures the court hears a balanced medical perspective.
How Long Does the IME Process Take?
The examination itself usually takes anywhere from 30 minutes to three hours, depending on the complexity of your injuries and the specialty of the doctor (psychological exams generally take longer). Once the exam is complete, the doctor typically has two to four weeks to draft their formal report and send it to the insurance adjuster. Your lawyer will then request a copy of this report so you can review it together.
Frequently Asked Questions (FAQ)
Can I bring a family member with me to the IME?
Generally, you are allowed to bring a support person to the waiting room, but doctors often prefer to conduct the actual physical or psychological examination privately. In some specific cases, a chaperone may be permitted.
What happens if I refuse to attend the IME?
Refusing to attend an IME can have severe consequences for your case. The insurance company may legally suspend or terminate your income replacement benefits, and it can stall your tort claim.
Can I record the examination on my phone?
In Ontario, recording a medical assessment usually requires the explicit consent of the doctor. Many IME assessors will refuse to proceed if they know they are being recorded.
Is the IME doctor my new treating physician?
No. The IME doctor will not prescribe medication, offer a treatment plan, or follow up with you. Their sole purpose is to write a medicolegal report for the insurance company or court.
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