A sudden loss can leave you sorting through medical records, legal notices, and unanswered questions. If an insurance company or defense attorney requests an independent medical exam (IME), you may feel uneasy about what the process means for your case. The impact of independent medical exams in Chicago wrongful death cases is rarely straightforward, especially when you are coping with grief.
At Kaveny Sarmas Injury Lawyers, we are not about cases—we are about your case. Reaching out to our compassionate wrongful death attorneys can help bring clarity to a situation that often feels unbalanced. We can review why the defense requested the exam, explain how the findings are used, and discuss possible responses. Instead of guessing about how a medical opinion can affect a claim, you can speak to us, as we understand how courts and insurers evaluate this type of evidence.
How Defense Teams Use IMEs
In wrongful death litigation, medical evidence often shapes the case. Defense teams frequently use IMEs to challenge causation or the extent of damages. Under Illinois Supreme Court Rule 215, courts can permit these exams when a medical condition is at issue. Our attorneys in Chicago focus on how that rule applies to your wrongful death claim and whether the IME stays within proper limits.
State law governs wrongful death cases under the Illinois Wrongful Death Act, 740 ILCS 180, along with the Illinois Survival Act, 755 ILCS 5/27-6. These statutes define who can bring a claim and what losses are recoverable. Defense experts often examine prior medical history, alternative causes of death, or treatment decisions. We assess whether those opinions align with treating physicians, hospital records, and accepted medical standards. In an IME report, we commonly review:
- The background and litigation history of the examining physician
- Whether the exam followed the court-approved scope
- What medical records the examiner reviewed
- What records were omitted
- Any assumptions that differ from the treating provider’s opinion
- How the examiner reached conclusions and whether the evidence supports them
After reviewing these issues, we can decide how to respond, whether through cross-examination, rebuttal of medical witnesses, or motions that limit how the defense uses the report.
What Does an IME Really Mean for Your Case?
You would reasonably assume an IME is neutral because of its name. However, the defense typically selects and pays the examiner. While this does not invalidate the opinion, it is one piece of evidence among many. Our attorneys, who are experienced with IMEs in Chicago wrongful death cases, can explain how courts weigh these reports and their role in the broader record.
We can also guide you through discovery obligations under the Illinois Code of Civil Procedure. This includes clarifying what information you must share, how we raise objections, and how we handle privacy concerns. Careful preparation reduces the risk of misunderstandings or incomplete responses that insurers can later use against your claim.
In many cases, we coordinate additional medical opinions from treating physicians or qualified medical witnesses. Our goal is to present to the court a full and accurate picture of the medical facts, beyond the defense’s position.
Contact Our Chicago Attorneys To Discuss the Impact of IMEs in Your Wrongful Death Case
If you have questions about a medical report or conflicting medical opinions, we can help. Understanding the impact of independent medical exams in Chicago wrongful death cases often begins with a careful review of the evidence and the law that applies to your situation.
While we are a small firm, we have big firm experience. By speaking with our team at Kaveny Sarmas Injury Lawyers, you can ask questions, understand your options, and choose the next steps for your family. Our knowledgeable attorneys can help you move forward with informed expectations and steady guidance during a difficult time.
