If you are a plaintiff in a personal injury case, you rely on your treating physicians or other physicians hired by your counsel to help prove your injuries. However, Florida law allows the defendants to compel you to submit to one or more examinations by physicians of their own choosing. The results of the compulsory examinations can have great bearing on the outcome of your case, so it’s important that your attorney play an active role in the process.
Under the Florida Rules of Civil Procedure, the defendant’s counsel can serve you with a request for examination any time after you file your lawsuit. The request must state the time, place, manner, conditions and scope of the examination and name of the person who will conduct it.
Your personal injury attorney must respond to the request within the next 30 days, unless the court shortens or extends that deadline. Your attorney must either agree to the examination as requested or explain why it is objectionable. Your counsel may also request that the examination be recorded and/or observed by others, stating the number of people requested, their roles and the methods of recording. A minor being examined is entitled to be accompanied by a parent or guardian, unless that would have a serious negative impact on the examination.
If there are any objections to the request or response, the court will schedule a hearing at which the defendant has the burden of showing good cause for the examination. The court may order the examination as requested or impose protective rules governing it. If the defendant fails to prove good cause, the court may refuse to order the examination.
After the examination, your attorney is entitled to request and receive from the defense attorney a detailed written report prepared by the examining physician on the findings of the examination, including the results of all tests conducted and the physician’s diagnoses and conclusions.
The defense attorney is likewise entitled to request and receive from your attorney a similar report on any other physical examination you have undergone for the same condition. The examining physicians may be called to testify by any party to the case. Physicians who fail or refuse to provide the requested report may be barred from testifying.
Largey Law Firm’s personal injury attorneys will make sure your rights concerning the examination are protected and will carefully prepare to rebut the testimony of any physician the defense presents against you. Contact us online for a free consultation at any of our offices in Clermont, Inverness or Tavares, Florida. Se habla español.