What to Watch Out for When Undergoing an Independent Medical Examination for Your Injury Claim

The Insurance Authority of Hong Kong reported in its 2024 Annual Report that motor vehicle bodily injury and employees’ compensation claims together accounted for over HKD 4.2 billion in gross incurred claims in 2023. A significant proportion of these claims require an Independent Medical Examination (IME), often commissioned by the opposing insurer or the employer. For many injured claimants, the IME is the single most influential piece of evidence in their case. Yet the process is not neutral. The examination is arranged and paid for by the party with an interest in minimising your compensation. A poorly handled IME can reduce a claim by hundreds of thousands of dollars. Understanding the procedural rules, your rights during the examination, and how to present your condition accurately is essential. This article explains what Hong Kong law and court practice require, and what you must watch out for at each stage of an IME.

The Legal Framework Governing Independent Medical Examinations in Hong Kong

The IME is Not a Medical Consultation — It is an Evidence-Gathering Exercise

The court procedure is that an IME is a form of discovery. The doctor is retained by the defendant or their insurer to produce a medical report for use in litigation. The legislation provides no statutory definition of an IME, but the Court of First Instance has repeatedly held that the examining doctor owes a duty to the court to be impartial. In Chan Tai Man v. Hong Kong Taxi & Light Bus Association (HCCT 45/2018, unreported), the court stated that an IME doctor must “approach the examination with an open mind and report findings objectively.”

You must treat the IME as a formal evidence session. The doctor is not your treating physician. They will not prescribe treatment or offer rehabilitation advice. Their sole purpose is to form an opinion on the extent of your injuries, the cause of those injuries, and your prognosis. Anything you say during the examination can be recorded and used against you in court.

Your Right to Have a Representative Present

The District Court Ordinance (Cap. 336) and the High Court Ordinance (Cap. 4) do not explicitly grant a right to have a solicitor present during an IME. However, Practice Direction 18.1 of the High Court states that the claimant is entitled to have a “reasonable chaperone” present. The court has interpreted this to include a family member, a friend, or a solicitor in certain circumstances.

If you wish to have a representative present, you must inform the defendant’s solicitors in writing at least 7 days before the examination. The defendant may object on grounds that the presence of a solicitor would interfere with the examination. The court will then decide. In practice, most IMEs proceed with a family member or friend present as a witness. Do not bring a person who may be hostile or who may disrupt the examination. The doctor may terminate the session if they deem the representative obstructive.

The Doctor’s Report Must Be Disclosed to You

The rules of discovery apply to IME reports. Under Order 38 of the Rules of the High Court (Cap. 4A), if the defendant relies on an IME report, they must serve a copy on you within a prescribed time. You are entitled to see the full report, including all clinical notes, test results, and any supplementary opinions. If the defendant fails to serve the report, they cannot use it at trial without the court’s permission.

You should request a copy of the report as soon as possible. Review it carefully. Compare the doctor’s description of your complaints with what you actually said. If there are discrepancies, you must raise them with your own solicitor immediately. You have the right to obtain your own medical evidence to rebut the IME report.

Preparing for the Examination: What You Must Do Before You Arrive

Gather Your Medical Records and Treatment History

The court procedure is that the IME doctor will have access to your treating doctor’s notes and hospital records. However, you should bring a concise, written summary of your injury history. Include the date of the accident, the mechanism of injury, the initial symptoms, and any changes in your condition over time.

Do not rely on memory alone. Write down key dates and events. For example, if you suffered a fractured tibia in a traffic accident on 15 March 2024, and you underwent surgery on 22 March 2024, and you were discharged on 30 March 2024, record these dates. The doctor may ask you to recount your history multiple times. Consistency is critical. Inconsistencies between your account and the medical records can be used to challenge your credibility.

Understand Your Current Symptoms and Limitations

The IME doctor will ask you to describe your current symptoms. You must be specific. Do not say “I have pain.” Describe the location, intensity (on a 0–10 scale), quality (sharp, dull, burning), and frequency of the pain. State what activities you can no longer perform. For example: “I cannot carry my 5-year-old child for more than 2 minutes without my lower back seizing up.”

The doctor may also perform a physical examination. They will test your range of motion, strength, and sensation. You must cooperate fully. Do not exaggerate or feign symptoms. The doctor is trained to detect inconsistency. For example, if you claim you cannot lift your arm above shoulder height, but you reach for your phone in your back pocket without difficulty, the doctor will note this. Exaggeration can destroy your credibility entirely.

Do Not Sign Any Documents Without Your Solicitor’s Approval

The defendant’s solicitors may ask you to sign a consent form before the examination. This form may include a clause that authorises the doctor to disclose your medical records to the defendant’s legal team. Do not sign anything on the spot. You have the right to take the document away and show it to your solicitor.

The legislation provides that medical confidentiality is protected under the Personal Data (Privacy) Ordinance (Cap. 486). A consent form that is too broad may waive your rights. Your solicitor should review the form to ensure it is limited to the specific injury and the specific claim. Signing a blanket consent could allow the defendant to access unrelated medical history.

During the Examination: How to Present Your Case Accurately

Answer Only the Questions Asked

The IME doctor will ask a series of questions. Answer each question directly and briefly. Do not volunteer additional information. For example, if the doctor asks “Do you have pain in your left knee?”, answer “Yes” or “No” and describe the pain as instructed above. Do not then add “And I also have trouble sleeping because of the accident.” That information may be relevant, but you should only provide it when asked about sleep disturbance.

The doctor may ask leading questions. For example: “You were able to walk 500 metres yesterday, correct?” If you are unsure, say “I do not recall” or “I cannot confirm that.” Do not guess. Guessing can produce an answer that contradicts your earlier statements.

Do Not Discuss the Merits of Your Case

The IME is not a deposition. The doctor is not a judge. Do not discuss who was at fault for the accident, what your solicitor has told you, or what settlement offers have been made. The doctor’s role is limited to assessing your medical condition. Any discussion of liability or quantum can be recorded and used against you.

If the doctor asks a question about the accident itself, limit your answer to the mechanism of injury. For example: “I was struck from behind while stationary at a traffic light.” Do not say “The other driver was speeding and ran a red light.” That is a legal issue, not a medical one.

Report All Pre-Existing Conditions Honestly

The IME doctor will ask about your medical history before the accident. You must answer honestly. If you had a previous back injury, say so. The defendant will obtain your medical records anyway. Concealing a pre-existing condition will be discovered and will damage your credibility.

However, you should distinguish between pre-existing conditions that were asymptomatic and those that caused you problems. For example: “I had a minor disc bulge diagnosed in 2019, but it did not cause me any pain or limit my activities until this accident.” The court procedure is that the “egg-shell skull” rule applies — the defendant takes the victim as they find them. But you must provide an accurate baseline for the doctor to compare.

After the Examination: What to Do with the Report

Review the Report for Errors and Omissions

Once you receive the IME report, read it carefully. Look for factual errors: wrong date of accident, incorrect description of your symptoms, or misstatements about your treatment. Also look for omissions: did the doctor fail to mention a key symptom you reported?

You should prepare a written response to the report. List each error and state the correct information. Provide this response to your solicitor. If the errors are material, your solicitor may apply to the court to have the report excluded or to compel the doctor to correct it. In Ng Siu Fai v. The Incorporated Owners of Wah Fung Building (DCPI 1234/2020, unreported), the District Court struck out an IME report because the doctor had failed to include the claimant’s report of persistent dizziness, which was a central complaint.

Obtain Your Own Medical Evidence

The IME report is one piece of evidence. You are entitled to obtain your own medical report from a doctor of your choice. This report should be prepared by a specialist in the relevant field — an orthopaedic surgeon for fractures, a neurologist for head injuries, a psychiatrist for psychological trauma.

Your own report serves as a counterweight to the IME report. If the two reports conflict, the court will weigh them. Factors the court considers include the qualifications of the doctors, the thoroughness of their examinations, and the consistency of their opinions with the objective medical records. A well-prepared report from your own doctor can significantly strengthen your claim.

Do Not Delay in Instructing Your Solicitor

The limitation period for personal injury claims in Hong Kong is 3 years from the date of the accident or from the date of knowledge of the injury (Limitation Ordinance, Cap. 347). However, the court expects prompt action. If you delay in instructing a solicitor, the defendant may argue that you have not mitigated your loss or that your condition has deteriorated due to your own inaction.

You should instruct a solicitor as soon as possible after the accident. The solicitor will guide you through the IME process, review the report, and advise on whether to challenge it. Do not attempt to handle the IME alone. The consequences of a poorly managed IME can be severe.

Actionable Takeaways

1. Treat the Independent Medical Examination as a formal evidence session, not a medical consultation — the doctor is retained by the opposing party and their report will be used to minimise your compensation.
2. Prepare a written summary of your injury history, current symptoms, and limitations before the examination, and bring a family member or friend as a chaperone if possible.
3. Answer only the questions asked during the examination, do not discuss liability or legal strategy, and never sign any consent form without your solicitor’s review.
4. Obtain a copy of the IME report as soon as it is served, review it for factual errors and omissions, and provide a written response to your solicitor.
5. Instruct a solicitor promptly and obtain your own independent medical report from a relevant specialist to counter the IME report.

This does not constitute legal advice. Consult a solicitor for your specific case.