A compulsory medical examination, often referred to as a CME, is a medical exam requested by the defense in a personal injury lawsuit. Unlike visits with your own treating doctors, a CME is performed by a physician selected and paid by the opposing party. The purpose of the examination is to evaluate your injuries and provide opinions that the defense may use to challenge the nature, extent, or cause of your claimed damages.
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 a great bearing on the outcome of your case, so it’s important that your attorney plays an active role in the process.
When a Defendant Can Request a Compulsory Medical Examination
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.
Responding to a CME Request Under Florida Law
Under state law, 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.
Impact and Outcomes of a Compulsory Medical Examination
The results of a compulsory medical examination can affect key stages of a personal injury case, including settlement negotiations and trial strategy. Although the examination may involve an oral examination and a physical examination, its purpose is not treatment. Instead, the defense relies on the medical examiner’s findings as an objective assessment to support its position in ongoing legal proceedings.
Defense attorneys and insurance companies often use CME reports to dispute the severity of injuries, challenge causation, or question the need for continued care. These opinions may be cited in response to a settlement demand letter or considered when evaluating benefits and disability claims within the insurance industry.
If a case proceeds to trial, the examining physician may also provide court testimony. Because the medical examiner is selected by the defense, that testimony is often used to counter opinions offered by treating doctors. As a result, CME findings can influence both legal strategies and the overall resolution of a personal injury case.
Protecting Your Rights During a Compulsory Medical Examination
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.
