A compulsory medical examination (CME) is an exam requested by the defendant in a personal injury lawsuit. The exam is often used to gather more information regarding a plaintiff’s condition and injuries. For example, let’s say that you suffered a traumatic brain injury (TBI) in a car accident and decide to file a lawsuit against the negligent party.
The defendant in your case might request a CME if:
- They believe your injuries are not as severe as you claim.
- They believe that your injuries came from something other than the collision.
Florida Rules of Civil Procedure 1.360 allows for a CME request in a civil case. However, a CME request must be backed up with evidence. Going back to the car accident example, the defense could not request that you submit to a CME without having evidence that places doubt on your condition.
Things to Keep in Mind While Submitting to a CME
Your personal injury case’s success will rest on the injuries you suffered and the cost of your damages. A CME request is an attempt by the defense to obtain proof that your injuries are legitimate. Despite the information in your own medical reports, the opposing party may want another opinion. They also have the right to select the medical examiner that evaluates your condition.
The medical examiner must provide a copy of the report to all parties. The examiner can also serve as a witness and be called to testify in court.
If you are being asked to submit to a CME, here are some things to keep in mind:
- You do not have patient-doctor confidentiality during your visit. Anything you say is not considered private.
- Do not volunteer any information other than what is absolutely necessary.
- Make sure that you fully understand the doctor’s questions before you provide any answers.
- Do not lie about your condition or the extent of your injuries.
- Make sure that the answers you provide are clear and cannot be misconstrued in any way.
After being asked to submit to a CME, you might want to consider working with a lawyer. They can provide more clarity on what to expect from this process and give you more information.
Examples of Injuries That Could be Evaluated in a CME
Florida Rules of Civil Procedure 1.360 notes that any condition that is the subject of “controversy” could be evaluated in a CME.
Some examples of injuries that could be subject to evaluation include:
- Fractured or broken bones
- Internal bleeding
- Organ damage
- Spinal cord trauma
- Nerve damage
The doctor involved in your CME is not responsible for administering treatment. Their primary goal is to evaluate your condition and determine if it is as severe as you claim.
How a Personal Injury Lawyer Can Help You with Your CME
A personal injury lawyer can help you by protecting your legal interests throughout the CME process.
They can help you by:
- Determining whether the request for a CME is legitimate
- Explaining what to expect during a CME
- Addressing your questions and concerns throughout the CME process
A CME can work to your benefit. A careful review of the final CME report, along with medical reports from your own doctor, can be used to establish the severity of your injuries.
Let Chalik & Chalik Injury Lawyers Represent Your Best Interests
At Chalik & Chalik Injury Lawyers, we help our clients with their personal injury cases from start to finish. When you work with us, our goal is to provide honest, personal representation while we promote your legal interests.
- Consult with third-party field experts to learn more about your injuries
- Estimate the cost of your medical expenses and related damages
- Build a case that asserts your right to compensation
- Determine who can be held accountable for your losses
- Advocate for your legal rights
If you want to hire a lawyer but have concerns about cost, you do not need to worry about that when you work with us. We work on a contingency-fee basis. This simply means that we do not get paid our attorney’s fees unless your case is successfully resolved.
When you call us today, we can explain what a compulsory medical examination is and what bearing it has on your case. We encourage you to act quickly because, under Florida Statute § 95.11, you only have four years from the date of your collision to file a lawsuit. To get started, reach out to our team today at (855) 529-0269.