Plaintiffs in personal injury actions must submit to physical examinations with respect to their injuries by physicians chosen by the defendants. Although these examinations are often referred to as IMEs or independent medical examinations, there is nothing “independent” about them. They are clearly part of the adversarial process and should more accurately be called insurance medical examinations.
CPLR §3121 provides that when the mental or physical condition of a party is in controversy, any other party may serve notice and direct that the former submit to a physical or mental examination by a designated provider. It provides in pertinent part:
(a) Notice of examination. After commencement of an action in which the mental or physical condition or the blood relationship of a party, or of an agent, employee or person in the custody or under the legal control of a party, is in controversy, any party may serve notice on another party to submit to a physical, mental or blood examination by a designated physician, or to produce for such examination his agent, employee or the person in his custody or under his legal control.
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