What is a Compulsory Medical Examination?
A compulsory medical examination is an evaluation performed by a physician who is not your chosen medical care provider. In most cases, this physician is chosen by the insurance company or the defendant’s legal team in a personal injury case. The purpose of this exam is to provide an independent assessment of your injuries, the treatment you have received, and any future medical requirements you may have as a result of the accident. It is crucial to know that while the exam is termed “independent,” the doctor is paid by the defendant or the insurer, which can influence the neutrality of the report.
Indications for a Compulsory Medical Examination
Compulsory medical examinations are typically requested in a personal injury case by the insurance company or the defendant if they have doubts about the validity of the plaintiff’s claim, such as the severity of the injuries, the necessity of certain treatments, or the link between the accident and the injuries. It is important to approach these exams with caution, understanding that the examiner is not there to advocate for your health but to scrutinize your claims from a legal standpoint.
How Can a Personal Injury Lawyer Help You with a Compulsory Medical Examination?
If you are asked to take part in a compulsory medical examination, you should seek the services of a personal injury lawyer. They can offer more clarity on what to anticipate from this process and provide you with more information including how to prepare for a CME beforehand. They can also assist in determining the authenticity of the request as well as protecting your legal interests throughout the process.
What are the Types of Injuries That May Be Considered in a Compulsory Medical Examination?
The following are some types of injuries that may be evaluated during a CME:
- Bone fractures
- Traumatic Brain Injuries (TBI)
- Nerve damage
- Spinal or back Injuries
- Internal injuries that result in organ failure or blood loss
What to Expect from a Compulsory Medical Examination?
The success of your personal injury case depends on the injuries you have sustained and the cost incurred for your damages. A CME request is an attempt by the defense to secure proof that your injuries are legitimate. Regardless of the information in your own medical reports, the opposing party may want another opinion. They also have the right to choose the medical examiner that assesses your condition. The examiner should provide a copy of the report to all the concerned parties. The medical examiner can also serve as a witness and be called to testify in court.
Your exam will likely comprise an oral part and a physical examination part. The physician will speak with you about your injuries and take notes during the meeting. They will also likely observe your demeanor in this meeting and note that as well. After some conversation, the CME doctor will examine you, noting your symptoms and other observations they make. The entire meeting can last about an hour.
Things to bear in mind if you have been asked to submit to a CME include:
- Do not volunteer any information other than what is absolutely necessary.
- Make sure that you completely understand the physician’s questions before you give any answers.
- You do not have doctor-patient confidentiality during your visit. Anything you say is not considered private.
- Make sure that the answers you give are clear and cannot be misunderstood in any way.
- Do not lie about the extent of your injuries or your condition.
