In personal injury and car accident cases, one of the central issues that a jury must decide is whether a plaintiff has been injured and, if so, the extent of those injuries. This is typically done through the introduction of medical bills, statements of medical providers, and disclosure of results of tests and other treatments. In order to properly mount a defense and argue for lesser damages, defendants are entitled to access to a plaintiff’s relevant medical records and even to have an independent medical evaluation conducted in order to determine the extent of the plaintiff’s injuries. Although independent medical evaluations (IMEs) may seem invasive, they are permitted under the rules and must be complied with, as a recent case illustrates.
In this car accident case, C.P. was injured after a severe accident with K.B. C.P. sued K.B. alleging that his negligent driving was the cause of the accident and that he was responsible for her physical injuries, emotional distress, and future medical issues that might arise. K.B. acknowledged that he had some fault for the accident but disputed the extent of Plaintiff’s injuries. During discovery, K.B. sought to set up an IME with C.P. to have her reviewed by an independent medical provider. Despite repeated inquiries, C.P. refused to comply with K.B. in setting up a date for the IME. Eventually K.B. unilaterally set up a date and C.P. failed to appear. At this point, K.B. went to the court requesting that the court order an IME. C.P. moved for a protective order but failed to provide details for why she needed protection and it was denied. The court ordered that the parties work together to schedule an IME.
K.B. reached out to C.P. four times in separate letters offering dates for a possible IME but received no response. After being unsuccessful at scheduling the IME, K.B. filed a motion to dismiss C.P.’s complaint. The trial court found that C.P. was in willful disobedience of the court’s order to schedule an IME. However, rather than dismiss the complaint, the court imposed sanctions prohibiting C.P. from presenting any evidence of her injuries, including medical bills or medical testimony, at trial. After an eventual trial in the case, the jury awarded C.P. only $500 for her injuries and she appealed.