Compulsory Medical Examination

A compulsory medical examination (CME), also known as an independent medical examination (IME), is a medical assessment required by one party in a personal injury case, often the defense or insurance company. The examination is performed by a doctor selected by the requesting party to evaluate the extent and cause of the plaintiff’s injuries. CMEs are typically requested when there is a dispute regarding the severity, cause, or necessity of treatment for the injuries claimed. At 770GoodLaw, we protect our clients’ interests by guiding them through the CME process, ensuring they are prepared and aware of their rights.

Purpose of a Compulsory Medical Examination

The primary purpose of a CME is to provide an objective assessment of the plaintiff’s injuries from a medical professional. However, it is important to understand that the doctor performing the examination is chosen by the opposing party and may be inclined to downplay or question the extent of the injuries. Key purposes of a CME include:

• Assessing Injury Validity: The examination verifies whether the injuries claimed are real, severe, and directly related to the incident in question.
• Determining Treatment Necessity: The CME evaluates the necessity of past and ongoing treatments, determining if they are appropriate and reasonable.
• Establishing Injury Cause: The CME helps to determine whether the injuries were caused by the incident in question or if they may be related to pre-existing conditions.
• Providing Evidence in Court: The results of the CME are often used as evidence to either support or dispute the plaintiff’s claims in a personal injury case.

What to Expect During a Compulsory Medical Examination

A CME is typically arranged and paid for by the defense or insurance company. The examination may involve a series of physical and diagnostic tests aimed at evaluating the extent of the injury. Key aspects of the CME process include:

1. Medical History Review: The examining doctor may ask questions about the patient’s medical history, including any previous injuries or conditions, as well as details about the current injury.
2. Physical Examination: The doctor conducts a physical examination to assess the injury, including range of motion tests, pain levels, and any physical limitations.
3. Diagnostic Testing: In some cases, the doctor may recommend X-rays, MRIs, or other diagnostic tests to gain a clearer picture of the injury.
4. Detailed Questioning: The doctor may ask questions regarding the cause of the injury, symptoms, pain levels, and recovery progress, often to determine consistency in the plaintiff’s claims.
5. Written Report: After the examination, the doctor provides a report with their findings, which may be used by the defense or insurance company in negotiations or court proceedings.

Rights of the Plaintiff During a Compulsory Medical Examination

While CMEs are standard in many personal injury cases, plaintiffs have certain rights and protections during the process to ensure fairness and transparency. Important rights include:

• Presence of Legal Representation: In many cases, the plaintiff may bring an attorney or advocate to the CME, although some states have restrictions.
• Right to Refuse Certain Questions: Plaintiffs can refuse to answer questions unrelated to the injury or that delve into personal matters not relevant to the case.
• Limiting Examination Scope: The examination should focus on the specific injuries in question; unrelated body parts or conditions should not be assessed without relevance.
• Access to the Report: Plaintiffs have the right to obtain a copy of the examination report, allowing them to review the findings and address any discrepancies.

Preparing for a Compulsory Medical Examination

Preparation is essential for CMEs, as the findings may influence the outcome of a personal injury case. Important preparation steps include:

1. Reviewing Medical Records: Familiarizing oneself with previous medical records and injury details helps ensure consistency in responses.
2. Following Legal Advice: Consulting with an attorney prior to the CME can clarify rights and ensure the plaintiff understands what to expect.
3. Being Honest and Consistent: Plaintiffs should answer questions honestly and consistently, avoiding exaggeration, which could harm their credibility.
4. Keeping a Record of the Examination: Noting the duration, procedures, and any unusual questions during the examination can be helpful if discrepancies arise later.

How 770GoodLaw Assists Clients with Compulsory Medical Examinations

At 770GoodLaw, we prioritize protecting our clients’ rights during the CME process, helping them understand the purpose of the examination and how to approach it confidently. Our attorneys provide guidance on what to expect, what questions to avoid, and how to handle the examination professionally. Our approach includes:

1. Preparing Clients for the CME: We help clients understand what to expect during the examination, including common questions and standard examination procedures.
2. Clarifying Rights and Limitations: Our team ensures clients know their rights during the CME, including which questions are permissible and which may be refused.
3. Reviewing the CME Report: After the examination, we carefully review the doctor’s report for accuracy, addressing any discrepancies that may impact the case.
4. Advocating Against Unfair Findings: If the CME report appears biased or inaccurate, we advocate for fair representation of our clients’ injuries, challenging unjust findings if necessary.

Importance of Legal Representation During Compulsory Medical Examinations

Legal representation is essential during the CME process, as the findings can impact the compensation a plaintiff receives. Skilled legal counsel helps clients understand their rights, prepare for the examination, and address any unfavorable findings in the report. At 770GoodLaw, we provide comprehensive support for clients facing CMEs, ensuring that their rights and interests are fully protected.

Why Choose 770GoodLaw for Assistance with Compulsory Medical Examinations

Our commitment to Relentless Reliability and Sincetegrity drives us to provide thorough support for clients undergoing compulsory medical examinations. At 770GoodLaw, we work to protect our clients’ rights and ensure that their injuries are represented accurately and fairly in their personal injury claims.