If you’ve been injured in an accident and are pursuing a personal injury case in Florida while claiming you are injured, you may be shocked to realize that the other side is not just going to take your word for it (don’t be shocked). If your pre-suit attempts to settle the case fail, you will need to file a lawsuit. At this point, it’s likely that you’ll hear the term “Compulsory Medical Examination” (CME). As a plaintiff’s lawyer, it’s important to understand not only the role that a CME plays in the overall case but also how it impacts your client’s claim and how it can be managed to ensure the best possible outcome for them. As the client, this blog is designed to give you a brief overview on what a CME is.
Understanding a Compulsory Medical Examination (CME)
As discussed in prior blogs, one of the required elements in a successful negligence case is proving causation, which basically means that the plaintiff must demonstrate that the injuries alleged resulted directly from the accident. In most cases, Plaintiffs allege certain injuries based on their own testimony and opinions of their own doctors. As such, the defense in a case has no way to confirm plaintiff’s allegations that a specific injury resulted from the accident.
The tool afforded the defense is a Compulsory Medical Examination (CME), also sometimes called an Independent Medical Examination (IME). It is a medical evaluation mandated by the court or requested by the defendant (usually the insurance company) in a personal injury case conducted by an “independent” doctor.
The main goal of a CME is to give the defendant an unbiased and objective assessment of the plaintiff’s medical condition. However, the term “independent” can be somewhat misleading—since the physician conducting the examination is hired by the defendant, there is always a chance that their findings may lean in favor of the defense.
In Florida, the regulations surrounding CMEs are specified in Florida Rule of Civil Procedure 1.360, which permits either party in a personal injury lawsuit to ask that the opposing party undergo a medical examination by a healthcare provider of their choice.
A few other important points covered in Rule 1.360 include:
- A party can request an examination by a qualified expert if the condition in question is in dispute.
- What this means is that if the defendant does not dispute that your injury was caused by this accident, they cannot request the CME. For example, if a plaintiff’s leg was clearly severed in an accident, the defendant cannot request a CME to verify this.
- The request must be reasonable, and the examination should be directly related to the claims in the case, typically concentrating on the nature and extent of the plaintiff’s injuries.
- Minors being examined have the right to have a parent or guardian present, unless shown to negatively impact the exam.
- A party must show “good cause” for the examination, and the court may set protective rules if requested.
- After the examination, a detailed report of findings, tests, diagnoses, and conclusions must be provided to the requesting party. If the requestor does not provide the report, the court may exclude the examiner’s testimony.
- If a report is provided, the examined party waives their privilege to exclude testimony from other examiners on the same condition.
When is a CME Ordered in Florida?
In Florida, a CME can be requested at any stage of the litigation process, but it often occurs after:
- The Plaintiff’s Initial Medical Assessment: Once the plaintiff’s attorney submits medical records that outline the plaintiff’s injuries and treatment, the defense may ask for an independent evaluation.
- During Discovery: Following depositions and the exchange of evidence in the discovery phase, the defense might request a CME to further evaluate the plaintiff’s injuries.
- Before Trial: A CME may be sought to strengthen the defense’s case in preparation for trial. The defense may look for a second opinion regarding the injuries and medical treatment documented in the plaintiff’s case.
Why Would the Defense Request a CME?
The goal of any defense is to find a way to avoid paying you. Their job is to find evidence to contest any or all of the factors of negligence (duty, breach, causation, damages) required to establish a successful claim. The defense generally requests a CME to attack the causation element by contesting the plaintiff’s allegation that their injuries were caused by the negligent accident.
More specifically, a CME offers the defendant a chance to:
1. Verify the Extent of the Injuries: The defendant aims to confirm that the plaintiff’s injuries are as serious and long-lasting as claimed. If the plaintiff is seeking substantial damages (such as medical expenses, lost wages, and compensation for pain and suffering), the defense will likely try to downplay this by disputing the severity of the injuries or suggesting that they are not permanent.
2. Challenge Causation: The defense may argue that the plaintiff’s injuries were not a result of the accident at all. The CME allows the doctor to determine if the injuries might have stemmed from other factors, such as a pre-existing condition or a different incident.
3. Assess Future Medical Costs: In personal injury cases where future medical expenses are claimed, the CME enables the defense to evaluate whether these future costs are reasonable and backed by the plaintiff’s medical history.
What Should Plaintiffs Expect During a CME?
A CME is usually an in-person assessment, although it may sometimes involve reviewing medical records and diagnostic imaging without a physical examination, depending on the situation. For the plaintiff, a CME can be an uncomfortable experience. You are being evaluated by a doctor you don’t know who will be examining you and asking intimate questions pertaining to your pain and medical history, with the knowledge that he works for the other side and is looking for reasons to devalue your case.
Due to the natural anxiety of the situation, as your accident lawyer, it is vital to manage your expectations. Prior to the CME, your lawyer should:
- Explain the Process: You lawyer should make sure you understand that the CME is a routine part of the legal process and not something to be anxious about. The examination aims to objectively assess their medical condition, even if it feels uncomfortable since the doctor is representing the opposing side.
- Be Honest: Be completely truthful during the examination. They should accurately convey their pain, limitations, and medical history. Providing false or exaggerated information could will backfire, harming your case in the long run.
- Know Your Rights: A CME does not grant the doctor to do whatever they want. In fact, the examination is limited by the rules of civil procedure, including being limited to issues stemming directly from the accident. You should inquire about the scope and nature of the examination. If you feel uncomfortable with any portion of the exam or feel it is beyond the scope, call your attorney.
- Request a Copy of the Report: After the examination, you can ask for a copy of the doctor’s report. This allows you to review the findings and see if they support or undermine your case. In most cases, it will undermine your case in some way. Remember, they are paid by the other side. The other side is not going to hire doctors who frequently give them unfavorable results.
How Can a Plaintiff Respond to a CME?
As a plaintiff who receives a CME request, there are several strategies you can employ to lessen the impact of the CME on your case:
- Challenge the Qualifications of the Examining Doctor: If the doctor conducting the CME lacks qualifications in the relevant specialty or has a history of working for defendants, you may be able to question the credibility of their report.
- Obtain a Second Opinion: If the CME report is unfavorable, you can arrange you’re your own independent evaluation from another doctor.
- Cross-Examine the Defense Doctor: During the trial, you have the opportunity to cross-examine the defense’s medical expert, highlighting any inconsistencies or weaknesses in their findings. A well-executed cross-examination can significantly damage the credibility of the CME report.
Conclusion
As discussed, a Compulsory Medical Examination serves as an essential tool for the defense to assess the plaintiff’s injuries and question the legitimacy of their claims. As a plaintiff, it’s crucial to grasp how the CME operates, its potential effects on your case, and how to prepare. In reality, most CME will result in an unfavorable result. However, no need to fear. There are strategies to combat how a CME reports impact on your case.
Your best bet is to call Jaime “Mr. 786Abogado” Suarez today to Get You Paid!