A defense medical exam is not independent, and you generally cannot refuse it once a lawsuit is on file. It is a court-ordered examination under Illinois Supreme Court Rule 215 by a doctor the other side chose and pays. What you can do is make the defense follow the rule, and the rule gives you more than most people realise, including that the defense pays your lost wages for the day and that a report delivered late is usually inadmissible.
It is worth being precise about the language. The defense will call it an “independent medical examination” or IME. Rule 215 calls it a “physical or mental examination.” The physician has no treating relationship with you, was retained by the insurer or defense counsel, and is paid by them. That does not make the exam improper. It does mean the word “independent” is doing no work.
Three different exams people confuse
| Rule 215 defense exam | Workers’ comp exam | Your treating doctor | |
|---|---|---|---|
| Governed by | Ill. S. Ct. Rule 215 | 820 ILCS 305/12 | Your own care |
| Who chooses the doctor | The defense, subject to court approval | The employer or the Commission | You |
| Requires a court order | Yes, on motion, with notice | No | No |
| Who pays | The party requesting it | The employer | You or your health insurer |
| Purpose | Build a defence to your claim | Assess comp benefits | Treat you |
| Applies to a car crash claim | Yes, once suit is filed | Only if the crash was on the job | Always |
If your crash happened on the job, both tracks can run at once, see workers’ comp versus a personal injury claim.
What Rule 215 actually requires
The defense cannot simply schedule you. It has to move the court, on notice, within a reasonable time before trial, and show that your physical or mental condition is genuinely in controversy. The motion has to name the proposed examiner and their specialty for the court to approve.
If the court grants it, the order itself must fix the time, the place, the conditions and the scope of the examination and designate who performs it. That word “scope” matters. An order about a lumbar spine injury is not an invitation to examine everything.
What the defense has to pay for
This is the part almost nobody is told. Under Rule 215, the party requesting the examination must:
- Pay the examiner’s fee in full
- Compensate you for any loss of earnings from attending, if you take an unpaid day off, that is on them
- Advance your reasonable expenses, not reimburse them afterwards
- Not require you to travel an unreasonable distance
That last point has teeth in a Chicago case. If you live in the city and the defense designates an examiner in a far suburb, the distance is negotiable and, if it has to be, arguable in front of the judge.
The 21-day report deadline
Rule 215 requires the examiner to produce a written report, findings, test results, diagnosis, conclusions, and deliver it to your attorney within 21 days of the examination. If that does not happen, neither the report nor the examiner’s testimony can be received in evidence, except at the request of the party who was examined. In other words: if they miss the deadline, you get to decide whether their doctor is heard at all.
Defence firms handling volume miss this more often than you would expect. Diary the date of your exam and count forward.
What the exam is actually like
Short. Often under thirty minutes, sometimes closer to fifteen, a fraction of the time your own doctor has spent with you, which is itself a point worth making later. Expect a records review done before you arrive, a brief history, and a physical examination focused on the areas in dispute.
- Bring photo ID. You do not need to bring records; the defense sent them.
- Describe your symptoms as they are that day, not your worst day, not your best. Accuracy is your strongest asset.
- Answer what is asked. This is not the place to argue your case or volunteer a narrative.
- Ask your attorney beforehand whether an observer or court reporter will attend. In Cook County practice this is commonly agreed between counsel rather than fought over.
- Afterwards, write down what happened while it is fresh: how long it lasted, what tests were performed, what you were asked. Send it to your attorney the same day.
That last step is not busywork. When the report arrives claiming a thorough forty-minute examination and your notes say the doctor spent twelve minutes and never touched your shoulder, that discrepancy is cross-examination material.
Challenging an examiner who does this for a living
Many defense examiners perform hundreds of these a year for the same handful of insurers and firms. Illinois permits cross-examination on that financial relationship: how much of the doctor’s income comes from defence referrals, how frequently they conclude that plaintiffs have reached maximum medical improvement, whether the conclusions track the party writing the cheque.
In front of a Cook County jury at the Daley Center, a physician who concedes that ninety per cent of their examination income comes from insurers, and who saw you for eleven minutes, is not a strong witness. The counter is usually not a battle of experts, it is your treating physician’s longitudinal records set against a single brief encounter. See choosing doctors after a Chicago crash.
Four things not to do
- Do not skip it without advice. Once the order is entered, non-compliance risks sanctions up to dismissal of your case.
- Do not exaggerate. Examiners routinely test for symptom magnification, and a jury forgives an injury far more readily than it forgives a performance.
- Do not minimise either. Illinois stoicism costs claimants real money. If it hurts, say so.
- Do not treat it as a formality. It is a formal step in litigation and the report becomes evidence.
Frequently Asked Questions
Can I refuse a defense medical exam in Illinois?
Not once the court has ordered one under Rule 215. You can object before the order is entered, to the examiner chosen, the scope, or the distance, but refusing a valid order risks sanctions, including dismissal of your claim. Raise the objection through your attorney rather than by not attending.
Who pays for the defense medical exam?
The party who requested it. Rule 215 requires them to pay the examiner’s fee, compensate you for any lost earnings from attending, and advance your reasonable expenses in getting there.
Can my attorney or someone else come with me?
It depends on what the parties agree and what the order says. Having an observer or a court reporter present is common in Cook County practice. Ask your attorney to raise it before the exam is scheduled rather than turning up with someone unannounced.
What happens if the examiner’s report is late?
Rule 215 requires delivery within 21 days of the examination. If it is not delivered, neither the report nor the examiner’s testimony is admissible except at the request of the person who was examined, so the choice becomes yours.
Is a defense medical exam the same as the IME in a workers’ compensation case?
No. A workers’ compensation examination runs under Section 12 of the Workers’ Compensation Act, 820 ILCS 305/12. A Rule 215 examination happens in a civil lawsuit and requires a court order. If your crash happened at work, both can apply to different parts of your situation.
Related guides on injuries and medical treatment
- Start here: Whiplash & Soft Tissue Injuries: Proving ‘Invisible’ Car Accident Damages
- Traumatic Brain Injury Claims After a Chicago Car Accident
- Amputation and Catastrophic Injury Claims in Illinois
- PTSD and Psychological Injury Claims After a Car Accident
- Rear-End Collision Injuries: Why They’re More Serious Than You Think
- Can a Car Accident Cause Chiari Malformation? Understanding the Link
- Seat Belt Syndrome: The Internal Injuries Hiding Behind a Bruise
- Car Accidents While Pregnant: Medical Care and Your Injury Claim
Talk to a Chicago car accident lawyer. Phillips Law Offices offers a free case review, and there is no fee unless we recover for you. Call (312) 346-4262 or request a free case review.
This article is general information about Illinois law, not legal advice, and reading it does not create an attorney-client relationship. Illinois law changes; confirm anything you intend to rely on with a licensed Illinois attorney.