What is the Compulsory Medical Examiner’s Opinion?

When an injury is sustained in an accident, the severity of that injury could range greatly. Depending on the injury, there is the unfortunate instance that a permanent injury could have occurred. There are certain injures that are easily diagnosed as permanent such as becoming paralyzed or an amputation. It is the injuries that are not as visible that can be hard to determine its severity such as back injuries that do not result in being paralyzed or even worse, traumatic brain injury. The only way to determine how permanent an injury will be, is through the diagnosis from the Compulsory Medical Examination doctor’s opinion which will be rendered in a report. This report can play an important role in the resolution of a personal injury lawsuit. Although it doesn’t happen often in the experience of most South Florida personal injury lawyers, if by chance the CME doctor finds that the plaintiff does in fact have a permanent injury within a reasonable degree of medical probability that opinion will go a long way towards a successful resolution of the case.

It is also possible that the CME doctor will agree that the plaintiff has a permanent injury but disagree on the severity or the need for future medical treatment. It is the plaintiff’s burden to prove their claim and that is why the opinion from the CME can be very vital to your case. But in most cases, especially those cases not involving a fracture or surgery, the report of the CME doctor will favor the defense.

The CME doctor will provide final opinions on a variety of issues in the CME report. First, is whether you have any injury at all because of the accident or incident suit upon. Second, if you were injured as stated, then whether that injury is permanent. This becomes important when a jury may need to consider the need and cost of future medical care. Third, the CME doctor may have an opinion on the issue of future medical care.

You can expect the CME doctor to discuss pre-existing conditions, other causes for your pain and suggestions that you may be exaggerating. Again, the CME doctor is there to help the defendant. These are not independent doctors.

At Wolfson & Leon, we only represent personal injury victims. But our attorneys and team members have more than 30 years of collective experience in the insurance defense industry. We can take that knowledge and experience and put it to good use for the benefit of our personal injury clients. For instance, we do not believe that insurance companies and defense lawyers tell doctors what opinions they should reach in compulsory medical examinations. But we do believe that the doctors understand that future work will depend on the opinions that they provide and how well they testify on the stand at a jury trial.

Although the compulsory medical examination is a necessary part of the litigation process, with proper preparation as well as experience the potential damage to any case caused by a CME doctor can be minimized and, in some cases, neutralized. That is why it is imperative to hire the best team of attorneys you can find.

At Wolfson & Leon our car accident lawyers represent personal injury victims from Palm Beach, Broward and Miami-Dade County. If you have any questions about Compulsory Medical Examinations, then you should consider calling the injury and accident attorneys at Wolfson & Leon. Allow us the opportunity to answer your questions. Call us today at (305) 285-1115 for your free consultation.

Our personal injury attorneys offer personal injury legal representation to the communities and neighborhoods of South Florida including Weston, Hialeah, Homestead, Miami, Broward County, Fort Lauderdale, West Palm Beach, Boca Raton, Doral, Kendall, Palm Beach County, Wilton Manors, Miami-Dade County, Miami Beach, Aventura, Hollywood, Miami Gardens, Miami Lakes and North Miami Beach.