AAERT Certified Electronic Reporter (CER) Practice Test

In personal injury cases, who selects the Independent Medical Examiner?

1. Judge

2. Defendant’s attorney

3. Plaintiff’s attorney

4. Insurance company

The correct answer is: Defendant’s attorney

In personal injury cases, the selection of an Independent Medical Examiner (IME) is typically made by the defendant’s attorney. This is because the IME is often utilized to evaluate the medical claims of the plaintiff on behalf of the defendant, aiming to provide an objective medical opinion regarding the injury and its impact. The defendant's attorney might look for a qualified physician who can give a thorough and unbiased examination to support their position in the case. The other parties involved, such as the plaintiff’s attorney, while they may have input or concerns about the selection, do not usually have the authority to choose the examiner. The judge does not select the IME directly; their role is more about overseeing the trial process. Similarly, while insurance companies may influence cases or have particular preferred medical examiners, they do not directly select the IME in the context of legal proceedings.