Florida law allows you to file personal injury lawsuits to recover financial damages if you sustain injuries because of someone else's negligence. During this procedure, the accused’s legal team could ask you to undergo more medical tests, including a Compulsory Medical Examination or CME, to verify your claim.

A CME validated the injuries claimed by the plaintiff. It is requested when the defense doubts the extent of your injuries. It also confirms that the reported injuries are directly linked to the incident. While this may seem reasonable, insurance companies often use CMEs as a tactic to reject claims. A CME can considerably threaten your case, even if your claim is legitimate. If an insurance provider requests a CME, you should consult your personal injury attorney to know what to anticipate and how you should prepare for your appointment.

This blog will explain what Compulsory Medical Examinations (CME) are and how they might impact your case.

What is a Compulsory Medical Examination Under Florida Law?

A Compulsory Medical Examination (CME) is a medical assessment a defendant requests in personal injury claims. This exam gathers more details about the plaintiff’s injuries and condition. For instance, if you were hurt and sustained a traumatic brain injury (TBI) during a vehicle accident and choose to sue the at-fault party, that defendant may request Compulsory Medical Examinations if:

  • They think the injuries are not as severe as you claim.
  • They believe your injuries resulted from something other than the accident.

Florida’s Civil Procedure Rule 1.360 permits the defendant to request a Compulsory Medical Examination (CME) in civil cases. However, such a request must be supported by certain evidence. For instance, in a car accident case, the defense cannot demand a CME without evidence that raises questions about your condition.

Your insurance company will refer you to a doctor during the pre-litigation stage. This doctor typically determines that you are healthy. This examination, paid for by your insurance, is called a “first-party” CME. If the doctor concludes you are not injured from the accident, your insurance can end the medical benefits you usually receive.

When a lawsuit is initiated, your insurance or the opposing insurance will pay you to visit a doctor. This doctor may testify in court that you are healthy and not injured by the accident. If the defendant’s insurance company sends you for this check-up, it is referred to as a “third-party” CME.

Many insurance companies work with a few doctors who often claim that an injured person is not hurt or that their injury comes from something else, like aging or an old injury. This strategy helps the insurance company reduce or deny the wrongdoer's responsibility, making it look like the injury is caused by something other than the incident so they can avoid compensating the injured person.

Florida CME Guidelines

Florida courts have set guidelines for CMEs to protect personal injury complainants from abuse. These guidelines include:

  1. Requesting a CME

Requests for a CME must be written, and the examination's time, conditions, place, and extent must be clearly stated, along with the qualifications and name of the examiner.

  1. Agreeing on a CME Date

The opposing party must schedule the examination date and time. The Court will pick a date if they cannot agree within 60 days of the request.

  1. People Who Can Attend Your CME

The plaintiff’s attorney, a representative, an interpreter, a videographer, and a court reporter can attend the examination. A guardian or parent may also participate in your examination if the plaintiff is a minor. The recordings from the examination belong to the plaintiff's legal representative and cannot be accessed without a court order.

  1. CME Limitations

The examination is restricted to non-invasive methods unless the Court decides otherwise. It may also be limited to the procedures specified in the “Request for Examination” or the court’s order allowing the examination.

  1. Times For the CME

You should arrive at least 15 minutes before your examination starts. Scheduled examinations must begin within 30 minutes of the set time. You can leave the examiner's office if you have waited 30 minutes past the scheduled start and have not been called in.

Preparing For Your Compulsory Medical Examination

If the insurance company has set up a CME, you can begin to prepare before the scheduled date. A seasoned personal injury attorney can guide you by reviewing the questions the doctor could ask you and suggest steps you should take before your appointment.

The insurance company’s physician's goal is to lessen or remove the insurance company’s responsibility to cover your injuries by downplaying their severity or identifying another reason, like a previous health condition. Do not assume that the insurance company’s doctor will give a fair and unbiased evaluation of your injuries. While you might not be able to avoid a Compulsory Medical Examination from the insurance company, you can take measures to prevent mistakes that could affect your case:

  • Check your medical records so you can answer any questions the examiner might ask.
  • Keep a serious attitude during your examination, and do not joke with the doctor. Remember, the doctor is there to assist the other party and is not on your side. 
  • Since the doctor conducting this exam is not independent or impartial, you can set up a medical appointment with your physician on the exact day of your appointment. Doing this can help you obtain your medical records from your physician on the same day, which might challenge any wrong or false details in the CME report. You can also ask your physician to draft a letter that describes their opinions on your injuries to present to a CME physician at your exam.
  • Ensure you record both assessments on video. Inform your and the Compulsory Medical Examination doctor about this; they usually will not mind you recording the exam. The video can help demonstrate your injuries and any negligence from the doctor. 
  • Always answer questions honestly and clearly to avoid any chance of misunderstanding. Do not lie, exaggerate, or give extra information unless asked. 
  • Do not let the doctor control the conversation. Stand up for yourself if necessary. If you do not understand a question, ask for clarification. 
  • Record when the doctor assessed you and how long it took. 
  • A CME does not have a doctor-patient relationship, so confidentiality rules do not apply. The doctor will share all findings with the defendant, the insurance provider, and the courts.
  • Do not admit any responsibility for your injuries.
  • Follow your attorney’s advice.

Your lawyer may give you more specific advice depending on your case. There is also no confidentiality between patient and doctor in these situations, and anything you say can be recorded and used in court. 

A CME doctor may ask you to provide various medical records, such as X-rays and radiological films. Previous medical records can also be relevant, but the defense lawyer cannot coerce you to bring all of them. They will attempt to find these records for the CME doctor’s sake.

Additionally, the doctor might receive other documents like the accident report, and sometimes photos of the accident scene may be included. After examining you and reviewing the collected information, the CME doctor will prepare a report. Some CME doctors might write a general report stating they cannot make a final statement due to missing medical records.

The CME doctor’s report usually contains:

  • Their personal opinion or impression
  • An explanation of their opinion
  • The plaintiff’s medical history, as provided by them
  • Results from the CME examination
  • A review of the plaintiff’s medical records, MRIs, CT scans, x-rays, etc.
  • A request for more information, if needed

Your attorney can also receive a copy of this report.

Injuries That Can Be Assessed in Compulsory Medical Examinations

According to Florida Rules of Civil Procedure 1.360, any condition subject to controversy can be evaluated in a CME.

Examples of injuries that might be evaluated include:

  • Traumatic brain injuries (TBIs)
  • Internal bleeding
  • Broken or fractured bones
  • Damage to organs
  • Nerve damage
  • Spinal cord injuries

The doctor conducting your CME is not in charge of providing treatment. Their primary purpose is to assess your condition and see if it matches the severity of your claim.

How an Attorney Can Help You Deal With a CME Request

You need a personal injury attorney to protect your rights and prevent any unfair treatment during your case. Without the proper guidance, a CME can work against you in many ways. Below are some possible outcomes of a CME:

  • The CME doctor may confirm that your injuries are genuine and as serious as you claim.
  • The CME doctor could claim that your injuries are real and serious but attribute them to another cause other than the defendant’s negligence.
  • The CME doctor might decide that you are not injured or that some of your reported injuries are not real.
  • The CME doctor might conclude that some of your actions made the injury worse, placing some blame on you.
  • The CME doctor could claim that a pre-existing condition has aggravated your injury.
  • The CME doctor may find some of your injuries less severe than you stated.
  • The CME doctor might disagree with your doctor’s diagnosis, casting doubt on the medical evidence you presented in court.

Only the first outcome supports your case. You should work with a skilled personal injury attorney to improve your chances of a favorable result. Your lawyer can:

  • Guide you on what to expect before, during, and after the CME
  • Assess the validity of a CME
  • Handle all related legal issues
  • Answer your questions and address your concerns during the process

A CME might work in your favor even if the other party requests it. If the report supports your position and your doctor’s report, it can help strengthen your claim. You will need a skilled personal injury lawyer to effectively present your claim and ensure you receive the compensation you deserve.

More Details on Why Insurance Companies May Not Be Trustworthy After a Crash

After an accident, insurance carriers may want you to think they are looking out for you. However, they are primarily focused on making a profit. This means they aim to pay you as little as possible for your claim.

Insurance providers have many strategies to reduce the amount they pay out. These include:

  • Using skilled lawyers and claims adjusters to challenge your case.
  • Taking advantage of your vulnerable condition after the crash to extract unnecessary details that could lower your claim.
  • Pressuring you to sign legal documents without your lawyer present.
  • Involving their doctor to assess your injuries to downplay their severity.
  • Offering a low initial settlement to encourage you to accept less than what you deserve.
  • Trying to attribute the long-term effects of the accident to pre-existing conditions by accessing your medical files.

Can You Challenge Insurance Providers When They Want to Involve a CME Doctor?

Yes, your personal injury lawyer can challenge the insurance provider’s request for you to undertake a CME. However, it may not always be the best strategy for your case.

Your lawyer can ask the insurance company to provide a valid reason for needing a CME before it is approved, and this information can be used in court if necessary. However, refusing a CME could negatively affect your defense against the insurance company’s claims. The best course of action often depends on the specifics of your case.

Find a Florida Personal Injury Attorney Near Me

If you were in an accident, your or the defendant’s insurance provider might ask for a CME to lower their responsibility for your injuries, medical expenses, pain, and other damages. The CME is one of the tactics insurance companies use to challenge a personal injury claim. You need an experienced lawyer to protect your entire claim amount.

Contact the Jacksonville Personal Injury Attorney today to learn how our lawyers can assist you. We can set up a free initial consultation to examine your case's details in Jacksonville, Florida, and offer legal advice on the proceeding. We will keep all your case details confidential between you and your attorney. For more details, contact us today at 904-800-7557.