
What is a Compulsory Medical Exam?
While most cases are settled out of court, some cases require the filing a personal injury lawsuit. If you filed a lawsuit in your personal injury case, there is the potential that you may have to take a compulsory medical examination or CME. The rules of civil procedure in Florida allow a defendant to request that a plaintiff submit to a medical exam and it is important that you be aware of this as insurance companies often take advantage of this option in the litigation process. Many attorneys use the terms compulsory medical examination and independent medical examination interchangeably. However, in Florida there is a distinction because a compulsory medical examination under the Florida Rules of Civil Procedure is not independent because the physician or healthcare provider is chosen by the requesting party which in most cases is the insurance company. In this blog post, we will discuss some of the problems that routinely arise in personal injury cases once a party requests that the injured party submit to a medical examination which may involve experts and/or physicians and their opinions being submitted into evidence.
How Does the Compulsory Medical Exam Work?
The party that asks for the CME results must demonstrate that they have “good cause” to make the request before it will be granted and has the burden of presenting this evidence in the courtroom. Florida Rule of Civil Procedure 1.360 allows a defendant to have the plaintiff submit to a medical examination when the medical condition of a plaintiff has been placed into controversy. It goes without saying that in pretty much all personal injury cases, the medical or physical condition of the injured party is in controversy. This means that the cause and extent of the injured party’s injuries are at issue in the case. In some instances, an insurance company will opt to request a medical examination because they have raised a specific defense or argument that they would like to support with evidence. For example, in some personal injury cases, an insurance company will allege that the plaintiff’s injuries were not caused by the negligence of their insured. In other cases, an insurance company may admit that their insured caused an injury but will dispute the severity of the injuries sustained by the injured party. In some cases, insurance companies will raise both lines of defense against an injured victim.
Location of Compulsory Medical Exam
You may be surprised to hear that in most cases, compulsory medical exams take place at a law office or some non-medical office rather than a hospital or medical office. This is due to the fact that Rule 1.360 does not restrict where an examination is to be performed, other than to require that the request for an independent examination specify a reasonable place. As an injured victim, you are allowed to have your attorney attend the medical exam to make sure it is conducted properly, and it can even be videotaped if you request it. The best advice we can give you is to
keep the small talk to an absolute minimum. Remember, the physician or doctor who conducts the exam is being paid by the insurance company and has an incentive to conclude that your injury is unrelated to the accident at issue or are not as severe as you think. As the injured party you have a burden to prove all of the elements of negligence on the part of the defendant and this includes the requirement that you show that you sustained injuries. A compulsory medical examination is one of many tools available to insurance companies to try and dispute your claim. If your case ends up going all the way to trial, the jury will be able to consider the results of the examination when determining the cause and extent of your injuries. We are available 24/7 to give you a free, no risk case consultation.
Speak with a Miami Personal Injury Lawyer Today!
After any type of accident, you should consider speaking with a car accident lawyer to learn what your rights and obligations are under the law. Let the personal injury attorneys at Suarez & Montero review the circumstances of your case and discuss your legal options. Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries!
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.