What Is A Compulsory Medical Examination?
In a personal injury case, a compulsory medical examination (CME) is a medical exam requested by the defendant. If the defendant has doubts about whether a plaintiff’s injuries are as severe as they claim or were caused by the incident in question, they can ask the plaintiff to undergo a CME. However, for a plaintiff to undergo a compulsory medical examination, the defense side must provide evidence that places doubt on the plaintiff’s case.
Some Crucial Things You Need To Know About CMEs
If the defense side requests that you undergo a CME, it means that it does not accept your claim at face value. If the defense asks you to undergo a CME, it is looking for proof that your injuries are legitimate and as severe as you claim. The defense side is looking for proof that the accident in question caused your injuries. Despite the evidence you have already provided, the defense side wants a different opinion.
Since the defendant pays for the CME, they are allowed to choose the medical professional to conduct the exam. Once the doctor has the exam’s results, they submit them to all parties.
If asked to undergo a CME, you should keep in mind that some insurance companies have a group of medical professionals they work with. These medical professionals are “reliable enough” to always state that a victim is either; not seriously injured or another incident caused the victim’s injuries.
Indeed, there are honest medical professionals who conduct CMEs. However, it is advisable that you see your doctor on the day of your CME. This way, if the other doctor presents inaccurate information, you can use your doctor’s records to contradict that information. For example, suppose the CME report says that you were pain-free on the day of your appointment. In such a case, you can use your doctor’s report that says otherwise to fight against the defense side.
You can also ask your doctor to write to the CME doctor before your CME appointment outlining what they think about your injury and the treatment plan they have for you. If your doctor shares this information, the CME doctor may feel inclined to provide only facts in their report.
How an Attorney Can Help You With Your CME
You have the right to object to the CME. However, it can be challenging to know if the request for a CME is legitimate or not. An attorney can help you determine this and object to a CME if there is a valid reason for objecting.
If there is no valid reason for objecting to a CME and you have to undergo the exam, an attorney can explain to you what to expect during the exam and address your questions and concerns.
In conclusion, even though it can be scary to be subjected to compulsory medical examination, this exam can work in your favor. A thorough review of the CME report, and reports from your doctor, can help you prove the severity of your injuries and that you did not suffer your injuries in a separate incident.
Contact a Coral Springs Personal Injury Lawyer
If you’ve suffered injuries in a Florida accident because of another person’s negligence and need the help of a personal injury lawyer, our experienced Coral Springs personal lawyers at Lyons & Snyder are here for you. Contact us at 954-462-8035 to schedule a consultation and discuss your case.
Source:
circuit7.org/Circuit%20Judges/MSO_CME_Guidelines.pdf
