Haris Ashley
A compulsory medical examination (CME) is a tool used by insurance companies to deny or decrease the value of a claim. The insurance company hires a doctor to conduct an oral and physical examination to evaluate the legitimacy and severity of the claimant's injuries. While the doctor is expected to be objective, they are ultimately hired to protect the insurance company's interests, which may result in biased assessments. To safeguard their rights, claimants are advised to seek legal representation and be truthful, cooperative, and polite during the CME.
| Characteristics | Values |
|---|---|
| Who conducts the examination | Doctors, at the request of insurance companies |
| Who hires the examining physician | The insurance company |
| Who pays for the examination | The insurance company |
| Who chooses the examining physician | The insurance company or the defendant's legal team |
| Purpose of the examination | To protect the insurance company's interests |
| To decrease or eliminate the insurance company's liability to pay for your injuries | |
| To determine the validity of injuries in personal injury lawsuits | |
| To provide an independent evaluation of injuries, treatment received, and future medical needs | |
| To evaluate the merits of the condition and its severity | |
| To confirm the medical condition | |
| Who attends the examination | Someone else may be in the room to record the examination or take notes |
| What to do before the examination | Review your medical history and prepare for any doctor's questions related to your injury |
| Schedule an appointment with your own physician on the same day | |
| What to do during the examination | Be truthful, cooperative, and polite |
| Be respectful and likable | |
| Be honest and stick to the facts |
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What You'll Learn
- Doctors are paid by the insurance company, not independent
- They assess your injuries, treatment, and future medical needs
- The exam can be used to deny or decrease the insurance company's liability
- You should prepare in advance with your attorney
- The doctor will observe your demeanor and any signs of pain
Doctors are paid by the insurance company, not independent
A compulsory medical examination (CME) is a tool used by insurance companies to deny or decrease the value of a claim. The doctor involved in this examination is hired by the insurance company and is paid by them. This means that the doctor is not independent, despite CMEs previously being known as "independent medical examinations" (IME).
The insurance company will hire the CME doctor to protect their interests. The doctor will usually be asked to examine the claimant to find that their injuries are non-existent, exaggerated, or pre-existing. This is to decrease or eliminate the insurance company's liability to pay for the claimant's injuries. The CME doctor may interrogate the claimant about the facts of their injury and will make observations on their demeanor and any signs that they are feeling pain.
The CME doctor's findings may support or challenge the claimant's personal injury claim. If the CME report suggests that the claimant's injuries are less severe than claimed, the insurance company may use this to lower the settlement. On the other hand, if the CME examination aligns with the claimant's treating physician's findings, it can validate their case and bolster their demand for maximum compensation.
It is important to note that the CME physician is not there to help the claimant. While they may seem friendly, their role is to evaluate the merits and severity of the claimant's condition, not for the claimant's benefit. Therefore, it is recommended that claimants remain respectful yet guarded during the examination. Claimants should also be truthful, cooperative, and polite, sticking to the facts when speaking to the CME doctor.
To protect their rights, claimants can schedule an appointment with their own doctor on the same day as the CME. This allows the claimant's physician to refute any inaccurate findings by the CME doctor. Additionally, claimants should consult with a personal injury lawyer to understand what to expect and how to prepare for the CME. An experienced lawyer can help prove the injury to the insurance company and coach the claimant on how to act and what to say during the examination.
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They assess your injuries, treatment, and future medical needs
A compulsory medical examination (CME) is a tool used by insurance companies to assess the validity of injuries in personal injury cases. The insurance company selects and pays the examining physician, who is often a specialist in defence witness testimony. The CME doctor will conduct an oral and physical examination to assess the claimant's injuries, treatment, and future medical needs.
During the oral examination, the CME doctor may ask questions about the location of pain, range of motion, and any neurological impairments consistent with the reported injury. They may also inquire about how the injury has impacted the claimant's life, including any limitations on activities. It is important for claimants to be truthful, cooperative, and polite during this process, providing factual information without elaboration.
The physical examination involves a thorough evaluation of the reported injuries. The CME doctor will assess the severity of the injuries, looking for signs that support or contradict the claimed symptoms. They may also examine the claimant for any pre-existing conditions that could be alternative causes of the reported symptoms.
The purpose of the CME is to provide an independent evaluation of the claimant's medical condition. However, it is important to note that the CME doctor is hired by the insurance company, which can create a potential conflict of interest. While CME doctors are expected to be objective, their findings may be influenced by the insurance company's interests in reducing their liability.
To protect their rights, claimants are advised to seek legal representation and consult with their personal physicians before undergoing a CME. An experienced attorney can guide claimants through the process, help refute any inaccurate findings, and ensure their injuries are accurately represented.
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The exam can be used to deny or decrease the insurance company's liability
A compulsory medical examination (CME) is a tool used by insurance companies to deny or decrease their liability in personal injury cases. It involves an oral and physical examination by a doctor hired by the insurance company to protect their interests. While the doctor is expected to be objective, the insurance company may shop around for one who consistently finds results in their favour.
The CME doctor's purpose is to reduce the insurance company's liability by finding that the claimant's injuries are non-existent, exaggerated, or pre-existing. They may also try to argue that the injuries are unrelated to the accident in question. This can result in the insurance company denying or reducing the claimant's compensation.
To achieve this, the CME doctor may interrogate the claimant about the facts of their injury and look for inconsistencies between their complaints and their injury. They may also be provided with investigative reports and surveillance video of the claimant. It is important for claimants to understand that the CME doctor is not their friend and that the examination is not private.
Claimants can protect themselves by seeking legal advice and having their own doctor present or write a letter to the CME doctor outlining their opinions and treatment plan. They should also be truthful, cooperative, and polite during the examination, sticking to the facts and not elaborating unnecessarily, as even small errors can be used against them.
In conclusion, a compulsory medical examination is a tool used by insurance companies to deny or decrease their liability by finding ways to negate or minimise the claimant's injury claims. While it is important for claimants to cooperate with the process, they should also be aware of their rights and take steps to protect themselves.
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You should prepare in advance with your attorney
A compulsory medical examination CME is a medical examination conducted by a doctor at the request of an insurance company in personal injury cases. The insurance company hires the examining physician to protect their interests, and they are hoping to hire someone who will find that your injuries are non-existent, exaggerated, or a pre-existing condition. The doctor is not your friend and is not there to help you.
You should also schedule an appointment with your own physician on the same day as your CME appointment. Your doctor should be willing to take the time to write a letter to the CME doctor ahead of time, outlining their opinions of your injury and their treatment plan for you. This can help to ensure that the CME doctor treats you fairly during their examination.
Another tactic you can use is to ask your doctor to write a letter to the CME doctor ahead of time, outlining their opinions of your injury and their treatment plan. This can help to ensure that the CME doctor's findings are accurate and not influenced by the insurance company.
Finally, it is important to remember that the doctor who performs the compulsory medical examination is likely to be a willing and skillful witness for the defense. It is vital that you follow your attorney's advice as closely as possible during the exam so that they have the tools and strategy to counter the doctor's testimony.
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The doctor will observe your demeanor and any signs of pain
A compulsory medical examination (CME) is a tool used by insurance companies to decrease or eliminate the need to pay out on a claim. The insurance company hires the examining physician to protect their interests. The doctor will conduct an oral and physical examination, and they will be making observations on your answers, your demeanour, and any signs of pain.
The doctor will be observing your demeanour and facial expressions throughout the examination. This includes when you are sitting and waiting for the appointment, and getting on and off the examining table. It is important to maintain a serious demeanour and not joke or make light of the situation. You should be respectful and likable, and remember that the doctor is not your friend and will not support you.
The doctor will also be looking for any signs that you are feeling pain in the way that you describe. This includes checking the location of any pain, your range of motion, and any neurological impairment consistent with the type of injury reported. It is important to be factual and not exaggerate the symptoms you are experiencing. Any inconsistencies or inaccuracies can harm your credibility and weaken your case.
To prepare for the examination, you should review your medical history and be ready to answer the doctor's questions about your injury, including the amount of pain you are experiencing. You should also be aware of how you answered questions during the deposition regarding your injury and any pain or disability it has caused, so that you can answer the medical examiner's questions accurately.
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Frequently asked questions
A compulsory medical examination (CME) is a medical exam requested by the opposing party in a personal injury lawsuit. It is conducted by a doctor chosen and paid for by the insurance company or the defendant's legal team. The purpose of the exam is to provide an evaluation of the claimant's injuries, treatment, and future medical needs.
During a CME, the doctor will conduct an oral and physical examination. They will ask questions about the claimant's medical history, pain levels, and how the injury has impacted their life. The doctor may also interrogate the claimant about the facts of their injury and observe their demeanor and body language.
It is important to seek legal advice and have an experienced personal injury attorney on your side. They can help protect your rights and guide you through the process. Before the examination, review your medical history and be prepared to discuss your injuries and their impact on your life. It is also recommended to schedule an appointment with your own doctor on the same day as the CME to have a report that can refute any inaccurate findings.
