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The IME and the Physician/Patient Privilege
Does a patient lose the right to invoke the physician/patient privilege when he or she has seen a physician for an independent medial examination (IME) rather than for treatment? The question may come up in the aftermath of a workers' compensation or medical malpractice case if questions of possible fraud on the claimant's part surface, and you may be asked to advise your client as to his or her rights.
Arizona v. Wilson
The court in Arizona v. Wilson, 200 Ariz. 390, 26 P.3d 1161 (Ariz. App. 2001) was faced with this question in the context of a criminal case in which the state charged defendant Thomas Wilson with fraudulent scheme and artifice and theft by misrepresentation for allegedly having filed and pursued a fraudulent claim for workers' compensation benefits against the City of Tucson during his employment with the Tucson Police Department. The indictment was based largely on alleged discrepancies between Wilson's physical activities, as seen in surveillance videos obtained by the city, and complaints to physicians of certain physical limitations. The criminal case was dismissed without prejudice after Wilson invoked the physician/patient privilege with respect to all five physicians he saw following the alleged injury.
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