A Compulsory Medical Examination (CME) is an examination by an insurance carrier’s physician that the company uses to defend an injury in a lawsuit. Under the Florida Rules of Civil Procedure 1.360, a defendant (the insurance company) is allowed to ask for the plaintiff to undergo a medical examination by the doctor of the defendant’s choice.
The insurance company can ask for a Compulsory Medical Examination (CME) under certain circumstances by claiming that:
- The condition that you are claiming is in controversy
- It wants proof of an accident victim’s injuries
- It believes you are lying about or exaggerating the extent of your injury
The insurance company may be required to show that it has good reason to make the request before it will be granted, and potentially show this evidence in the courtroom. As the plaintiff in a personal injury case, you must undergo a requested CME to prove that your injuries are legitimate and not exaggerated. You must show that the injuries require medical care, and that you have suffered damages or losses as a result.
Since the physicians who conduct these examinations are employed by the insurance company and want to minimize your injuries and find weaknesses in your case, you may choose to consult an attorney to prepare you before undergoing the physical examination. Your attorney will be aware of the tactics insurance companies use to pay out as little as possible and can help you with techniques you can use to combat them.
How to Handle Your Compulsory Medical Examination (CME)
Some of the steps you can take before the CME can include:
- Maintaining a serious demeanor during your medical examination. Avoid talking with and joking with the CME physician. Remember the physician is not there to help you, but to help the insurance company.
- Make an appointment with your own physician the same day as your CME. Your treating physician will have information on your injuries that will help your case and can serve as counterevidence to any findings the CME doctor uncovers.
- Videotape both examinations. Evidence of this kind can prove that you do have the wounds and injuries you are claiming and that the CME physician may not be examining you properly, or may be ignoring legitimate complaints if they deem you physically unharmed.
- Answer questions clearly and truthfully. However, do not volunteer any information that is not specifically asked for.
- Politely stand up for yourself when necessary. Do not let the CME doctor put words in your mouth.
- Be aware. Take note of the time that the CME doctor actually examined you.
Contact your personal injury lawyer after the examination to discuss what happened and any concerns you may have.
Get Help from the Law Offices of Anidjar & Levine
If you are involved in a dispute with an insurance company that requests you attend a Compulsory Medical Examination (CME), you may choose to speak to a personal injury attorney to help you before you undergo the examination. Call the Law Offices of Anidjar & Levine today at 1-800-747-3733 for a free consultation to help you get the benefits to which you may be entitled.
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