What is a Compulsory Medical Exam (CME)?

In personal injury litigation, a defendant can request that the plaintiff attend a medical examination by the doctor of the defendant’s choice. This is authorized by Florida law and Florida Rule of Civil Procedure 1.360. This exam is typically referred to as a Compulsory Medical Examination (CME).

Over the years, there has been a tremendous amount of litigation over the scope of CME’s. Issues that have been litigated in some of our highest courts include:

• the right to record the CME
• the right to videotape the CME
• the scope of questioning a CME doctor may conduct
• the number of cases in which the CME doctor has performed other examinations
• the number of cases in which a CME doctor has testified and for whom
• the amount of money which a CME doctor has made over time performing compulsory medical examinations

It is the job of every good personal injury lawyer to make sure that his or her client is well-informed before the compulsory medical examination takes place. The preparation can help ensure that the CME is proper and professional.

At Wolfson & Leon, our injury and accident lawyers have represented clients in personal injury litigation in Miami and throughout South Florida since 1963. Over these years, we have seen the techniques and strategies employed by insurance companies and insurance defense lawyers when it comes to CME’s. We have also seen the law and rules develop in the courts. We make sure that our clients are fully advised about what to do or not do when it comes to their compulsory medical examination.

Here are some of the do’s and don’ts you should be aware of before you attend your compulsory medical examination:

• Always tell the truth
• Be on time
• Listen to your attorney
• Make sure that you state your answers to the doctor’s questions clearly
• Do not volunteer any information that is not specifically asked for
• Do not think that the CME doctor is friendly or cares about your condition
• You do not have a doctor-patient relationship with the CME doctor
• Understand that the CME doctor is they are to limit or minimize your injury, condition and damages.
• Be polite and respectful but also stand up for yourself – do not let the CME doctor put words in your mouth.
• After the exam, you should contact your personal injury lawyer’s office to speak with the attorney or paralegal to let them know that you attended the CME and to advise of any ideas, suggestions or concerns that you may have. Make sure to include the amount of time that the CME doctor spent with you and how long that doctor actually examined you. That way the lawyer or paralegal can make a note of your report in the file. That information may be useful at the time of trial.

As with every aspect of personal injury litigation, good communication with your attorney and legal team is essential. If you have any questions before or after a CME, you can call us anytime.

Pursuing your case can have many steps and obstacles. That is why having the right experienced team to help you through it can make all the difference. At Wolfson & Leon our car accident lawyers represent injury and accident victims from Miami Dade, Broward and Palm Beach County. If you are injured in any type of accident, then we invite you to call us and grant us the opportunity to answer your questions. Call us today at (305) 285-1115 for your confidential consultation.

Our personal injury attorneys humbly serve the cities, towns and neighborhoods of South Florida including Midtown Miami, Hollywood, Weston, Miami, Aventura, North Miami, Homestead, Doral, Fort Lauderdale, Pompano, Parkland, Coral Springs, Kendall, Hialeah, Miami Lakes, Coral Gables, Pembroke Pines, Rio Vista, Wilton Manors, Dania Beach, Hallandale Beach, Miami Gardens and West Palm Beach.