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Independent Medical Exams: Defense Strategies for Resisting Conditions and Limitations

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, January 4, 2023

Recorded event now available

or call 1-800-926-7926

This CLE webinar will offer strategies for resisting unofficial and usually unwritten limits on how independent medical examinations (IMEs) are conducted and later used. The panel will discuss what state procedural rules apply and Federal Rule 35, the types of conditions being requested by plaintiffs' counsel and the reasons used to justify them, and how different jurisdictions are allowing, rejecting, or tailoring these now frequent requests.


IMEs--or, "additional medical examinations," as they are termed in some states--are part and parcel of the typical personal injury case, whether pursuant to applicable state law or the federal counterpart, Federal Rule of Civil Procedure 35. These rules authorize an IME when the mental or physical condition of a party is at issue, but most do not set forth allowable conditions, if any, for those examinations.

Courts are now routinely asked to determine whether to impose parameters on examining physicians or experts by restricting what doctors can ask and by imposing conditions, such as prohibiting questions regarding the incident from which the injury arose; requiring the attendance of third parties at the examination; limiting who can conduct the examination; and permitting or prohibiting video or audiotaping of the examination. Procedural requirements and assumptions about which party is obligated to object or request conditions can vary.

Listen as this experienced panel discusses best strategies for responding to requests to limit the scope of examination.



  1. Notice vs. order to conduct IME
  2. Privacy and recordings
  3. Reports and access to IME findings
  4. Discovery
  5. Trial


The panel will review these and other critical questions:

  • Do physician associations, such as the AMA, have practice standards for IMEs?
  • What can be included and excluded from an IME?
  • Are there any privacy limitations on the examination?
  • What are the strategies for witness examination and discovery?
  • Can one object to an IME, and if so, on what grounds?


Adams, David R.
David R. Adams

Hurwitz Fine

Mr. Adams is Chair of the NYS Labor Law (Scaffold Law) & Construction Defect team. He has extensive experience...  |  Read More

Littleton, Ray
Ray H. Littleton

Foster Swift Collins & Smith

Mr. Littleton’s practice area consists of commercial and general litigation and health care law. He helps...  |  Read More

McAuliffe, Edward
J. Edward McAuliffe, III

Mouledoux Bland Legrand & Brackett

Mr. McAuliffe’s practice areas focus on trucking and transportation and insurance defense. Prior to joining MBLB,...  |  Read More

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