IME Reports Are Entitled to Qualified Privilege Against Defamation Claims

Understanding Your Rights: When Medical Examinations Meet Legal Protection in New York Personal Injury Cases

If you’ve been injured in an accident on Long Island or in New York City and are pursuing a personal injury claim, you may be required to undergo an Independent Medical Examination (IME). These examinations are a standard part of the legal process, but what happens if the examining physician’s report contains statements you believe are defamatory? This complex intersection of medical evaluation and legal protection is one that requires careful navigation by experienced personal injury attorneys who understand both the medical and legal implications involved.

At the Law Office of Jason Tenenbaum, we’ve handled countless cases involving IME disputes across Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. Our extensive experience with these examinations has shown us how crucial it is for clients to understand their rights and the legal framework that governs these medical evaluations.

The Legal Foundation: Qualified Privilege in IME Reports

In the latest saga involving IME’s, the question arose as to whether an examinee could prosecute a defamation action against the examiner or any other entity involved with the publication of the alleged defamatory statement. The answer is yes, however, the examinor or any other entity involved with the publication of the alleged defamatory statement enjoys a qualified privilege.

In Green v Combined Life Ins. Co. of N.Y., 2010 NY Slip Op 00572 (1st Dept. 2010), the Appellate Division observed the following: “Plaintiff alleges he was defamed by defendant Downie’s written report to the insurer defendants of his interview with and examination of plaintiff. Even if defamatory, the statements are protected by a qualified privilege because they were made in a medical report to the insurer”

For those of you who have not had the misfortune of being involved in a defamation action, a qualified privilege offers protection to the speaker, scrivener or publisher of a defamatory comment, provided that the comment was not made with actual malice (see, New York Times v. Sullivan) or common law malice.

What This Means for Personal Injury Clients

The concept of qualified privilege in IME reports serves several important purposes in the New York legal system. First, it ensures that medical professionals can provide honest, unbiased assessments without fear of litigation for every critical finding. Second, it protects the integrity of the insurance claims process by allowing for frank medical evaluations. However, this protection is not absolute, and understanding when it applies and when it doesn’t is crucial for anyone involved in a personal injury case.

Understanding Qualified Privilege vs. Absolute Privilege

The distinction between qualified and absolute privilege is fundamental to understanding your rights as a personal injury plaintiff. Absolute privilege provides complete immunity from defamation claims, regardless of the speaker’s intent or the falsity of the statements. This type of privilege is typically reserved for statements made during judicial proceedings, legislative debates, or certain executive communications.

Qualified privilege, on the other hand, provides conditional protection. The protection exists as long as the statement is made in good faith, without malice, and within the scope of the privileged occasion. In the context of IME reports, this means the examining physician must be acting within their professional capacity and not with the intent to harm the patient through false or malicious statements.

When Qualified Privilege Can Be Overcome

While IME reports generally enjoy qualified privilege protection, this privilege can be lost under certain circumstances. The privilege may be overcome if the plaintiff can demonstrate that the examining physician acted with actual malice, meaning they knew their statements were false or acted with reckless disregard for the truth.

Common scenarios where qualified privilege might be challenged include:

• When the examining physician makes statements clearly outside their area of expertise
• When there’s evidence of bias or financial incentive to provide negative findings
• When the report contains obviously fabricated or impossible medical findings
• When the physician exceeds the scope of the examination requested

The IME Process in New York Personal Injury Cases

Independent Medical Examinations are a routine part of personal injury litigation in New York. Insurance companies use these examinations to obtain their own medical assessment of your injuries, separate from the treating physicians you’ve chosen. Understanding this process is crucial for anyone pursuing a personal injury claim on Long Island or in New York City.

Your Rights During an IME

As a personal injury plaintiff, you have specific rights during an IME that must be respected:

• The right to have the examination conducted in a professional manner
• The right to refuse certain types of testing that are inappropriate or excessive
• The right to have your attorney present in the waiting room
• The right to request a copy of the examination report
• The right to challenge findings that appear to be biased or inaccurate

Common Issues with IME Reports

Our experience representing clients across Nassau County, Suffolk County, and the five boroughs of New York City has shown us several recurring issues with IME reports:

Minimization of Injuries: Some examining physicians tend to downplay the severity of injuries or suggest that symptoms are unrelated to the accident in question.

Insufficient Examination Time: Many IMEs are conducted hastily, without adequate time to properly assess all injuries and their impact on the patient’s daily life.

Bias Toward Insurance Companies: Some physicians who regularly perform IMEs may develop an unconscious (or conscious) bias toward the insurance companies that regularly hire them.

Outdated Medical Information: IME physicians may not have access to all current medical records or may fail to consider recent developments in treatment.

Strategies for Protecting Your Interests

While the qualified privilege doctrine provides significant protection for IME reports, there are several strategies experienced personal injury attorneys can employ to protect their clients’ interests:

Thorough Preparation

Before any IME, we ensure our clients are fully prepared for what to expect. This includes reviewing the scope of the examination, discussing what questions are appropriate, and ensuring all relevant medical records are available to the examining physician.

Detailed Documentation

We often recommend that clients keep detailed notes about their IME experience, including the duration of the examination, specific tests performed, and any concerning behavior or statements by the examining physician.

Expert Medical Review

When we receive an IME report that appears to contain inaccuracies or bias, we arrange for independent review by qualified medical experts who can identify problematic findings and provide contrary evidence.

The Role of Experienced Legal Representation

Navigating the complex interplay between medical examinations and legal protections requires experienced representation. At the Law Office of Jason Tenenbaum, we understand how to effectively challenge problematic IME reports while respecting the legal framework that governs these examinations.

Our approach includes:

• Comprehensive review of all IME procedures and findings
• Coordination with treating physicians to provide complete medical pictures
• Strategic use of medical experts when IME findings appear questionable
• Aggressive advocacy to ensure our clients’ rights are protected throughout the process

Frequently Asked Questions About IME Reports and Defamation

Can I refuse to attend an IME?

Generally, no. If you’re pursuing a personal injury claim, the defendant’s insurance company has the right to have you examined by their own medical expert. Refusing to attend can result in dismissal of your case.

What should I do if I believe an IME report contains false information about me?

Contact an experienced personal injury attorney immediately. While qualified privilege provides significant protection for IME reports, there may be legal options available depending on the specific circumstances.

Can the IME physician discuss my case with others?

The IME physician should only discuss your case with authorized parties, typically the insurance company that requested the examination and their legal representatives. Inappropriate disclosure could potentially compromise the qualified privilege protection.

How long does an IME typically take?

Most IMEs last between 30 minutes to 2 hours, depending on the complexity of your injuries and the scope of the examination requested.

Can I bring someone with me to the IME?

You can bring someone to accompany you to the medical facility, but they typically cannot be present during the actual examination. Your attorney may be permitted in the waiting room.

What happens if I disagree with the IME findings?

Your attorney can challenge IME findings through various means, including presenting contrary medical evidence, deposing the examining physician, or having your own medical experts review the report.

Contact Our Experienced Personal Injury Team

If you’ve been injured in an accident on Long Island or in New York City and are facing issues with an Independent Medical Examination, don’t navigate this complex process alone. The Law Office of Jason Tenenbaum has extensive experience handling IME disputes and protecting our clients’ rights throughout the personal injury claims process.

We serve clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx, providing aggressive representation and personalized attention to every case. Our thorough understanding of both medical and legal issues surrounding IME reports allows us to effectively advocate for our clients while working toward the best possible outcome for their personal injury claims.

Contact us today at 516-750-0595 for a free consultation. We’re here to help you understand your rights, navigate the IME process, and ensure you receive the compensation you deserve for your injuries. Don’t let qualified privilege protection prevent you from pursuing justice – call now to discuss your case with our experienced legal team.

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Legal Update (February 2026): Since this post’s publication in 2010, New York’s qualified privilege doctrine regarding IME reports may have evolved through subsequent court decisions or statutory amendments. Additionally, changes to Civil Practice Law and Rules governing discovery procedures and medical examination protocols could affect how qualified privilege applies in defamation claims against IME examiners. Practitioners should verify current case law and statutory provisions when advising clients on potential defamation claims arising from IME reports.