What Is a Compulsory Medical Examination (CME)?

A compulsory medical examination (CME) is where a physician chosen by the insurance company will assess the extent of any disputed injuries and damages as part of a personal injury claim.

Personal injury clients often find that dealing with their Florida insurance company is one of the most difficult and frustrating parts of making a claim. This is because, in reality, your own insurance company is not on your side. It is in their best interests to pay out as little money for personal injury claims as possible to protect their own profits.

Luckily, here at The Law Place, our personal injury lawyer team has a wealth of experience in this field – with 75 years of experience accrued between all of the members of our team. To seek free legal advice, all you need to do is call our Florida law firm and arrange a free consultation today. The call will be entirely confidential under the attorney-client relationship, completely free of obligation, and our lines are always open.

To speak to a personal injury attorney from The Law Place today, call us on (941) 444-4444!

Defining a Compulsory Medical Examination Under Florida Personal Injury Law

When making a personal injury claim, it is possible that the insurance carrier may be asked to take a compulsory medical examination to obtain a CME report that proves the extent of that party’s injuries.

Under Florida rules for personal injury cases, the physician hired is chosen by the defendant – in this case, the insurance company themselves.

Under What Circumstances Might a Compulsory Medical Examination Be Requested?

Your own insurance company may request you undergo an examination by their CME physician in order to ratify your personal injury case if there is any doubt involved as to the extent of your injuries pain or other physical consequences of your accident.

This includes situations where the insurance company believes that the insurance carrier is lying or exaggerating about the extent of their bodily injury or wants proof of injury. It may also take place if the damages are extensive, controversial, or would require the insurance company to pay a large sum in compensation.

Is It Possible to Challenge Insurance Companies When They Try to Bring in a CME Doctor?

It is possible for your personal injury lawyer to challenge the need of your insurance company to force you to undergo a compulsory medical examination (CME). However, this is not always the best move for your lawsuit.

Your lawyer can request that the insurance company demonstrate a good reason to request a CME before it is granted, and this evidence can be brought to the courtroom should the lawsuit get that far. However, should you flat-out refuse a CME, this can harm your defense against the claims of the insurance company.

The best action to take will vary from case to case. Our legal team will be able to tell you exactly how you should handle your compulsory medical exam request, and all you need to do to find out is call us for a free case evaluation. We will fill in all the rest of the blanks.

How the Injured Person Should Conduct Themselves With Their CME Doctor

It is important to remember that the CME physician is not on your side in the personal injury lawsuit, even if they are a treating physician. This is because they are employed by insurance companies, which are not on your side, but more on this later.

For now, it is important that you conduct yourself properly in front of the CME doctor. This includes:

• Staying Serious and Professional Throughout the Examination – This includes not making small talk or speaking unnecessarily, as unnecessary disclosures can harm your chance at receiving compensatory benefits.
• Film or Otherwise Record the CME Examination – This protects you from unprofessionalism and can be excellent proof for your attorney should anything become complicated further down the line.
• Be Clear and Truthful When Answering the CME Doctor’s Questions – However, only answer those questions that you are specifically asked, as once again, this doctor may be looking for information to impact your benefits claim on behalf of the insurance company.
• Be Firm, but Remain Polite – Do not allow the CME doctor to make assumptions or put any words into your mouth.
• Take all Relevant Notes that Could be Relevant to Your Defense – Including mundane information such as the time and date that the physician examined you.

More Information on How Your Insurance Company Is Not on Your Side After an Accident

After an accident, the company responsible for your insurance policy would like you to believe that they are on your side. However, in reality, they are a for-profit enterprise. This means it is in their best interest to pay out the lowest amount possible for your settlement.

Insurance companies have a huge amount of potential tricks up their sleeves for lowering claim amounts. These include:

• Access to expensive and professional claims adjusters and other attorneys to dispute your claim.
• Taking advantage of your shaken state after the accident and your obligation to report the accident to them to pump you for unnecessary information in the hopes of lowering your claim amount.
• Tricking you into signing a binding legal document. You should never sign anything without your attorney present.
• Lowballing your first settlement offer in the hopes of goading you into accepting a sum of compensation that is lower than your case deserves.
• Getting their own doctor involved to conduct a CME with the hope of disputing the extent of your injuries, pain, and other accident consequences.
• Attempting to blame the long-term consequences of your accident on an undeclared and pre-existing condition. This can be prevented by gaining access to your medical records.

As you can see, you have to be very careful and aware when dealing with your insurance company. This is a lot to remember, which is why it is so important to have access to a lawyer experienced in dealing with insurance companies and their tricks. Your attorney will be able to defend you and keep you briefed on exactly how to conduct yourself to protect yourself from the insurance company’s tactics.

If you want a passionate and experienced attorney on your side, all you need to do is call us at one of our Florida offices for a confidential consultation and a free case evaluation. The number for our law firm can be found at the top and bottom of this webpage.

Using Your Own Physician to Ensure Fair Treatment When a CME Is Requested

When you are obligated to undergo a CME, it is a good idea to also seek an independent medical exam to have access to comparative results.

This is because the defendant’s choice (i.e., the insurance company’s choice) of doctor will be biased and seek to find weaknesses or challenges to your claim. Your doctor, however, should be much more professionally reliable.

Once again, it can be helpful to videotape or otherwise record the examinations by both doctors so that your attorneys have the highest amount of possible evidence on hand for your case.

What Types of Personal Injury Cases Can Result in a CME Being Requested?

The truth is that any way of being injured as a result of somebody else’s negligence that can result in a compensatory claim can also be used to trigger a CME if your insurance company is so inclined.

The most common sources of personal injury claims in the United States of America today include:

• Truck, motorcycle, bicycle, and car accident cases.
• Slips, trips, and falls – or other types of premises liability claims, as set forth in Florida Statute 768.075.
• Medical malpractice.
• Cases where injuries are caused by a defective product.

What Is a Compulsory Medical Examination (CME)? FAQ

What is a Compulsory Medical Examination (CME)?

A Compulsory Medical Examination (CME) is a physical examination ordered by a court during a personal injury lawsuit. It is conducted by a neutral medical examiner to assess the plaintiff’s injuries and their extent.

How does a CME fit into the civil procedure of a personal injury lawsuit?

A CME appointment is an integral part of the civil procedure in a personal injury lawsuit. It is typically requested during the discovery phase to gather evidence regarding the plaintiff’s medical condition. The CME helps the court and the parties involved to obtain an unbiased assessment of the plaintiff’s injuries, ensuring that all claims are accurately represented.

Why is a CME requested?

A CME is often requested by the opposing party, usually the negligent party or their insurance company, to independently verify the plaintiff’s medical condition and injuries. This helps in determining the validity and extent of the claims made.

Who conducts the CME exam?

CME exams are conducted by CME doctors, who are neutral medical professionals appointed by the court. These doctors are not involved in administering treatment to the plaintiff.

What happens during a CME?

During a CME, the medical examiner will perform a physical examination and review the plaintiff’s medical history. They will document their findings in detailed medical reports, which will be used as evidence in the lawsuit.

Can the plaintiff choose their own doctor for a CME?

No, the plaintiff cannot choose their own doctor for a CME. The medical examiner is chosen to ensure neutrality and objectivity in the assessment.

What is the difference between a first party CME and a CME requested by the opposing party?

A first party CME is requested by the plaintiff’s legal team to support their claims, while a CME requested by the opposing party is to verify the plaintiff’s injuries and counter any exaggerations.

How does a CME affect patient doctor confidentiality?

During a CME, patient doctor confidentiality is limited because the examination is not for treatment purposes but for legal interests. The findings are shared with both parties involved in the lawsuit.

Can the results of a CME be challenged?

Yes, the results of a CME can be challenged. The plaintiff’s legal team can present additional medical reports or expert testimony to dispute the findings of the CME doctors.

How should a plaintiff prepare for a CME?

A plaintiff should provide a comprehensive account of their medical history and be ready to discuss their injuries during the physical examination. It is also helpful to consult with their legal team beforehand to understand the process and what to expect.

Can the findings of a CME influence the settlement negotiations?

Yes, the findings of a CME can influence settlement negotiations by providing clear evidence of the extent of the plaintiff’s injuries, which can help determine the appropriate compensation.

What if there are discrepancies between the CME and the plaintiff’s medical reports?

If there are discrepancies between the CME and the plaintiff’s medical reports, both parties may present additional evidence or expert testimony to support their positions. The court will consider all available information when making a decision.

Contact The Law Place Today

If you have been involved in an accident in the past two years, your insurance company may request a compulsory medical examination in the hopes of reducing the chance that they will have to cover the cost of your injuries, pain and suffering, medical bills, and other damages. If this is the case, you need the help of a knowledgeable attorney to help defend your total claim amount from being damaged.

To find out how the lawyers from our law offices can help you, all you need to do is call us today. We will arrange a free consultation and case evaluation. We will look at the facts surrounding your case and provide you with free legal advice at no obligation, all covered under the confidentiality of the attorney-client relationship. There is no risk involved, and all our law offices have their phone lines operated around the clock.

For more information, call us today on (941) 444-4444!