Slip and Fall Claims and IME’s in Massachusetts

If you are involved in slip and fall litigation in Massachusetts, you should be aware of the right of the defense to conduct an IME (Independent Medical Exam).  This right comes from Rule 35 of the Massachusetts Rules of Civil Procedure which states:  "When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician or to produce for examination the person in his custody or legal control."

The IME will be arranged by the defense attorneys defending the case and will be paid for by the insurance company that insures the party that you are suing for injuries.  The doctor’s report of his/her findings following the IME must be released to your attorney following a written request for same.

Remember that the IME doctor wants to have continued business from the insurance companies so therefore, do not be surprised if that doctor says in his/her report that you are not injured or, not injured to the extent that you claim.