What Happens After the Compulsory Medical Examination?
You have just finished your Compulsory Medical Examination and you might be wondering what happens next. There are some things our South Florida personal injury lawyers think you should know before you leave the CME doctor’s office.
Once the CME is finished you should understand that it is possible that the defense may place you under surveillance. One reason is because when the defendant sets up the CME that attorney knows when and where you will be at a specific location which makes it easy for the investigator to begin surveillance. While surveillance is legal, if you have any concerns you should call the police to be on the safe side. If by chance you do see an investigator attempting to film or photograph you, it is entirely within your rights to waive and take photographs of the investigator. In any event, you should report this to your attorney as soon as possible.
It is also possible that the CME doctor might observe you as you go to your car after the CME is over. In fact, in Miami there was one CME doctor who regularly mentioned in his reports that he observed the plaintiff in the parking lot after the CME as he went to his kitchen to get coffee. In nearly every case, this CME doctor saw the plaintiff doing some physical action that they had told the CME doctor minutes before that they could not do. Of course, over time plaintiff attorneys became aware of this enthusiastic CME physician’s tactics and began to warn their clients accordingly.
In addition to the examination, the CME doctor usually reviews all your medical records, x-rays and other radiological films. If the defense attorney can locate and collect prior medical records than those records will be supplied to the CME doctor as well. It is also possible that the CME doctor will be given a copy of the accident report, photos of property damage and possibly other expert reports. Experienced CME doctors will always say that more information is better than less information.
Ultimately the CME doctor is supposed to write a report containing his or her opinion concerning your case. One trick that some CME doctors will employ is to say that they have not reached the final opinion because they’re waiting on some obscure record or x-ray. By not reaching a final opinion, the CME doctor is leaving all options open as well as being able to continue billing for activities concerning this CME.
When the CME doctor finally prepares the report, it will usually include:
- History as provided by the plaintiff
- Review of the plaintiff’s medical records
- Review of all x-rays, CT scans and MRIs
- Results of the CME doctor’s physical examination
- Impression or opinion
- Discussion of the impression or opinion
- Request for additional information if any.
Your personal injury litigation lawyer can request a copy of the CME doctor report and the defendant is required by Florida Rule of Civil Procedure 1.360 to make a copy available. If the defense attorney fails to provide a copy than a motion can be filed requesting the court to order production of the CME report.South Florida Personal Injury Lawyers
At Wolfson & Leon, our personal injury attorneys and wrongful death lawyers represent families and personal injury victims from Broward, Palm Beach and Miami-Dade County. If you have any questions about CME or any other aspect of personal injury litigation, then you are invited to call the injury and accident lawyers at Wolfson & Leon. Call us today at (305) 285-1115 for your no obligation, free consultation.
Our personal injury lawyers provide free consultations and are available for legal representation in personal injury cases to the neighborhoods and communities of South Florida including Weston, Hialeah, Wilton Manors, Kendall, Miami Lakes, Sunrise, Plantation, Hollywood, Miami Beach, Wynwood, Pembroke Pines, Hallandale Beach, Miami Gardens, North Miami, South Miami, Palm Beach, Boca Raton, West Palm Beach, Deerfield Beach and downtown Miami.