CME stands for compulsory medical examination. In a Florida personal injury case, an insurance company or defense attorney may request that an injured person be examined by a physician. This evaluation often surprises injured individuals. The examination is not a treatment from a personal doctor. The purpose is often to evaluate the claimed injuries. Furthermore, defense parties want to assess the relationship between the accident and the physical conditions. This blog will answer the question, ” What is a CME in a personal injury case?” It will outline what happens during the exam. Finally, it explores why preparation matters to Miami personal injury attorneys.
What Is a CME?
CMEs are sometimes incorrectly referred to as independent medical examinations. There is nothing independent about a CME, as the examining physician is being paid by the defense to render an opinion. This exam is not allowed to include medical treatment, and the examining physician is not allowed to give medical advice to the Plaintiff. Instead, the physician reviews injuries and analyzes the medical history. The physician may check restrictions or evaluate whether further treatment is needed. In Florida civil litigation, Rule 1.360 allows an examination when a condition is in controversy. The specific request must detail the time and place. The defense must also specify the manner and scope. The conditions and the examiner must be clear. This rule is designed to ensure that the process remains orderly.
Why Would an Insurance Company Request a CME?
An insurer may request a CME when the medical condition affects a claim for benefits. For instance, this happens often during a car accident injury claim. The evaluation provides a benchmark for the insurance company. In a personal injury protection context, an insurer may schedule an examination with a physician of its choice. The company wants to determine whether further treatment is necessary. The defense uses the exam to review whether injuries relate to the accident. An insurance-selected physician assesses whether the claimant requires ongoing medical care and determines the presence of any permanent physical limitations. Once complete, this medical report is integrated into the formal claims documentation. The insurer is responsible for the entire cost of the evaluation. In accordance with Florida statutory regulations, individuals must comply with a requested medical examination if their physical state is central to a PIP claim.
Is a CME the Same as a Regular Doctor Visit?
No, a CME is completely different from treatment with a personal physician. Such evaluations can arise in many different scenarios, including a slip and fall injury claim. The examiner is not there to become the treating doctor. The appointment may include detailed questions and a physical exam. Range of motion testing is also common. The entire exam focuses closely on the specific injuries claimed in the lawsuit. During the examination, those who are injured should maintain a courteous demeanor. It is essential to provide precise information, as the physician might be searching for details that favor the insurance provider’s stance.
What Happens During a CME in a Personal Injury Case?
The doctor begins the appointment by inquiring about symptoms, and the claimant may be asked to detail their medical history, including any previous injuries or daily physical constraints. Standard physical assessments follow, where the examiner monitors the individual’s movements and conducts a focused examination of the spine or other injured areas. The physician typically evaluates active and passive ranges of motion and may review diagnostic data, such as radiographs or other imaging. Vital signs like blood pressure are also frequently recorded. While the specific boundaries of the exam are dictated by the nature of the injury and any governing court orders or notices, maintaining a calm approach can help the claimant through the evaluation.
How Should an Injured Person Prepare for a CME?
Verify the appointment details, including the scheduled date and time. It is helpful to arrive ahead of schedule to complete any necessary forms if those forms have been approved by your attorney. If you have been asked by your attorney to provide specific medical documentation or diagnostic images, ensure you have them ready. It is beneficial to look over your medical records before the visit. You may want to document your symptoms and any lifestyle changes resulting from the incident. Maintaining honesty throughout the examination is essential. Refrain from overstating your discomfort, and similarly, do not downplay your injuries. If a query is unclear, seek further explanation from the examiner. Stick to known facts regarding your medical status rather than speculating. Avoid sharing details that are not pertinent to the examination. Keeping a written account of how the accident has impacted your daily routine can help ensure your information remains consistent and accurate.
What Should Happen After the CME?
The injured person should write down what happened soon after the exam. Important details include arrival time and wait time. Noting the time spent with the doctor is useful. Record the forms completed and the specific tests performed. Note whether anyone else was present. These facts help evaluate the doctor’s report later. Completing a questionnaire immediately after the exam is highly recommended. Doing this before leaving the parking lot keeps the details fresh. This documentation protects the rights of the injured person.
Can Missing a CME Affect a Personal Injury Claim?
A compulsory medical examination should never be ignored. In the personal injury protection context, failing to attend puts benefits at risk. The consequences depend on the policy language. Court orders and formal notices dictate the penalties. If an individual cannot attend, they should advise their lawyer immediately. Do not simply skip the appointment. Missing the date can cause severe delays. It can harm the overall recovery options. Communication with legal counsel prevents these issues.
Talk to a Miami Personal Injury Attorney About a CME
A compulsory medical examination is not a routine medical appointment and should not be treated as such. A CME affects the direction of a claim. Injured persons should understand the purpose of the exam before attending. Panter, Panter & Sampedro has represented injured persons throughout Florida for more than 30 years. The legal team guides individuals through every step of the litigation process. Contact the office for a free case review. Experienced Miami personal injury attorneys are ready to help Florida families.
