Defense Tactics: Part II – The Compulsory Medical Examination

A standard defense practice in personal injury cases is the Compulsory Medical Examination, (“CME”). Florida law allows an insurance company to have an injured plaintiff examined by a doctor that works for them. The insurance company doctor will use this one-time exam, often lasting less than 30 minutes, along with review of whatever medical records the defense attorney provides, to give a medical opinion about your injuries, medical treatment and prognosis. Insurance companies pay thousands of dollars per case to CME doctors, and some doctors make a very good living providing CMEs to insurers and defense attorneys. Not surprisingly, the insurance company doctor often has a very different opinion about the plaintiff’s injuries and needed treatment than the plaintiff’s actual treating doctors.

Before going in for a CME, an injured plaintiff should know that they are not in a physician-patient relationship with the insurance company doctor. The CME doctor works only for the insurance company. The CME doctor will not provide you with any treatment and has no obligation to keep your best interests in mind.

This process can be daunting, but talking with your lawyer to make sure you understand its purpose and implications can help. Here is a quick summary of the usual process:

1. *Notification and Scheduling*: Once the defense requests a CME, the plaintiff will receive a notice specifying the details of the examination, including the date, time, location, and the name of the examining physician. This notice should be given well in advance to allow the plaintiff sufficient time to prepare. Your attorney should work with you to schedule the CME for a date and time that fits your schedule. Be sure to contact the attorney to make sure they answer all your questions before the exam.
2. *Examination Day*: On the day of the examination, you will meet with the CME doctor (usually in their office, but sometimes in another place like a court reporter’s office). Your attorney will usually attend the examination with you to protect your rights. Upon arriving at the doctor’s office, you may be requested to complete a form, but discuss this with your attorney before filling anything out. There is frequently a short interview by the doctor, so you should be prepared to discuss your medical history and your injuries. As in all parts of the litigation process, you should be completely truthful with all answers you provide and avoid exaggeration. Then they will conduct their exam, which your attorney may record on video.
3. *Assessment and Report*: After the examination, the CME doctor will prepare a report of their findings and opinions. This report is then forwarded to the defense attorney, who should provide it to your attorney as well.

Remember, the ultimate goal of a CME is to provide the defense with ammunition to minimize your injuries and your claim. Your attorney’s job is to secure the compensation you deserve for your injuries and suffering. With the right guidance and preparation, you can face the CME with confidence and clarity. If you have been injured and are looking for attorneys that listen, contact us here at Phil Hall, P.A.