When involved in a personal injury case, understanding the role of medical evaluations is critical. Independent Medical Examinations (IME) and Compulsory Medical Examinations (CME) are common procedures that help establish the extent of a person’s injuries and their relationship to the accident.  Here, we break down what these exams entail, how they affect settlement negotiations, and how claimants should prepare.

What is an Independent Medical Examination (IME)?

An Independent Medical Examination (IME) is a medical evaluation ordered by the defense in a personal injury lawsuit. The purpose of the IME is to assess the extent of the plaintiff’s injuries and determine whether they are related to the accident. Though the term “independent” suggests impartiality, these exams are typically arranged by the opposing party, usually an insurance company or defendant. As a result, their findings often favor the defense’s position.

The IME serves several purposes:

  • Assessing the severity of the injury: Does the claimant suffer from a permanent injury or condition resulting from the accident?
  • Evaluating the treatment required: Is the ongoing treatment necessary, or has the injury healed?
  • Determining the impact on future medical needs: Does the claimant need further care due to the injury?

The Independent Medical Examination (IME) is an essential part of many personal injury cases, especially when the defense challenges the claimant’s injury claims.

What is a Compulsory Medical Examination (CME)?

The term “Compulsory Medical Examination (CME)” is frequently used in Florida and other jurisdictions to refer to a similar process. Compulsory Medical Examination is a more precise label since the defendant essentially compels the claimant to undergo an exam by a doctor the defense chooses. The term “compulsory” is more fitting as the exam is required for the claimant to proceed with the lawsuit. It stems from Rule 1.360 of the Florida Rules of Civil Procedure, which allows parties in a lawsuit to request a physical examination of the opposing party if their physical condition is in dispute.

In short, the CME and IME are two names for the same procedure, but the term “CME” reflects its mandatory nature.

Some aspects of the CME process also overlap with workers’ compensation claims, as insurance companies involved in worker’s comp cases can request similar evaluations to determine the necessity of ongoing treatment or compensation.

Why Are These Exams Required?

Both IME/CMEs are conducted for the same primary purpose: to assess the validity of the claimant’s injuries in relation to the accident. However, the motivations behind them can vary:

  • Insurance companies and defendants may request an IME or CME to lower the potential settlement or avoid paying for non-existent or exaggerated injuries.
  • Claimants may undergo the examination to prove their injuries are legitimate, permanent, and need ongoing medical care.

These examinations become especially important in car accident cases, where the defense often disputes the extent of the injuries or their causality.

The Role of the Doctor in the IME or CME Process

The doctor chosen to perform the examination is typically paid by the defendant or their insurance company. These doctors are known for their experience in evaluating personal injury cases, often with the goal of helping the defense reduce liability. While the IME or CME may seem neutral, the medical opinion is crucial for the defense’s strategy, especially in terms of determining whether the injuries are permanent or have resulted from the accident.

Can a Claimant Refuse an IME or CME?

In most personal injury lawsuits, claimants cannot refuse a CME if they want to continue with their case. Refusal to undergo the examination could lead to a dismissal of the lawsuit or a judgment in favor of the defendant. However, a claimant does have rights:

  • If the examination is excessive or deemed unnecessary (for example, multiple CMEs for the same injury), their attorney can challenge it in court.
  • A claimant can also request the examination to be videotaped to ensure the process is conducted fairly and within legal boundaries.

Impact of IME and CME on Settlement Amounts

The findings from an IME or CME can significantly influence the settlement in car accident cases. If the medical examiner concludes that the claimant is not suffering from a permanent injury or that their treatment is unnecessary, it can reduce the settlement value. This outcome is especially relevant in cases like car accidents, where the defense may argue that the claimant’s injuries are not as severe as they claim.

On the other hand, an IME or CME that supports the claimant’s case, such as confirming the severity of injuries and the need for future treatment, can help drive a more favorable settlement. The settlement after an IME car accident case can be affected by these results.

Real Case Story of IME and CME Impact

Case Story: Slip and Fall Case with Favorable CME Report

In one notable slip and fall case, our client was sent for a Compulsory Medical Examination (CME) after the defense argued that the injuries were not as severe as claimed. The defense made the mistake of sending our client to a doctor who, although typically used in plaintiff cases, was known for his fair assessments. The doctor agreed with our client’s treating physicians, stating that neck surgery was necessary and directly related to the accident. This evaluation helped shift the balance in favor of our client, leading to a significant settlement payout, far more than what the defense initially offered.

Preparing for an IME or CME

Claimants should be well-prepared when undergoing an IME or CME to ensure that their injuries are accurately documented. Here are some tips for claimants:

  • Be honest and precise: Provide accurate details about the injuries and pain experienced, as omitting or exaggerating symptoms could harm your case.
  • Stick to the facts: The claimant should only answer the questions asked. It’s crucial not to volunteer additional information that the doctor hasn’t asked about.
  • Document previous conditions: If the claimant has a history of injuries in the same area, it’s important to disclose this to the examiner. Failure to do so could lead to accusations of dishonesty later.

Can Claimants Dispute the Findings?

Yes, claimants can dispute the findings of an IME or CME. If the examination results are unfavorable, the claimant can challenge the doctor’s report by:

  • Cross-examining the defendant’s doctor: Highlighting potential biases, such as the doctor’s history of being paid by the defense, can sway a jury.
  • Presenting testimony from the claimant’s treating doctors: These doctors often have a more comprehensive understanding of the claimant’s injuries and treatment history.

Common Mistakes During an IME or CME

Several common pitfalls should be avoided during an IME or CME:

  • Inaccurate or incomplete answers: Failing to mention all injuries or conditions can lead to complications later in the case.
  • Exaggerating symptoms: Claimants should avoid overstating their injuries, as this can undermine their credibility.
  • Not bringing a lawyer: Legal representation during these exams ensures that the claimant’s rights are protected, and any questionable behavior from the examining doctor is addressed.

The Role of Legal Representation

Having an attorney during the IME or CME process is invaluable. Legal professionals can:

  • Ensure the examination is fair and conducted within the boundaries of the law.
  • Assist in preparing the claimant by discussing what to expect during the exam.
  • Challenge the findings if the examination is flawed or biased.

How an IME or CME Affects Personal Injury Cases

IME and CME are essential components of personal injury cases, especially in determining injury severity, the need for continued care, and whether the injuries are permanent. Though these exams are mandatory and often conducted by doctors hired by the defendant, claimants have rights to ensure the process is fair. Legal representation is crucial in navigating these medical evaluations and ensuring the accuracy of the results. If you are facing an IME or CME as part of your personal injury case, having experienced legal support can make all the difference. At Abrahamson & Uiterwyk, we specialize in guiding clients through every step of the personal injury process, including managing IME and CME evaluations. Contact us today for a free consultation, and let us help you secure the compensation you deserve.