Understanding the Compulsory Medical Exam Process

A Compulsory Medical Examination is a court-sanctioned evaluation of a plaintiff’s physical or mental condition, requested by the defense. It’s not optional for the plaintiff once approved, and it plays a pivotal role in:

• Validating or disputing injury claims
• Assessing the extent of damages
• Supporting defense strategy in litigation

As an adjuster, your role is to initiate, coordinate, and manage this process efficiently and in compliance with court rules.

The Adjusters’ Role in the CME Process

As the adjuster, you’re the central coordinator ensuring the CME process runs smoothly and in compliance with court expectations.

Understanding the timeline is critical. Court-ordered deadlines must be tracked closely, and plaintiffs are entitled to at least 30 days’ notice before the exam—unless a shorter timeframe is approved. Exams should be scheduled with this in mind to avoid delays or procedural issues.

Selecting the right provider is another key responsibility. Physicians should be located within the plaintiff’s county whenever possible. If not, distance approval must be obtained. It’s important to present the defense attorney with multiple provider options, along with relevant credentials such as CVs, fee schedules, and testimony history when available.

Before presenting any provider, confirm they meet all logistical and legal requirements. This includes allowing a videographer, court reporter, or interpreter if needed, accommodating the required timeline, and agreeing to prepayment terms with transparent billing practices.

Navigating Florida Rule 1.360

Under Rule 1.360, the defense can request a CME if:
• The plaintiff’s condition is in controversy.
• There is good cause to question the claimed injuries.
• The request includes specific details (exam type, scope, time, location).

The court may issue an order if the plaintiff objects, and all parties must adhere to the terms set forth.

How to Coordinate a Compulsory Medical Exam

Here’s a streamlined workflow you can follow during CME requests:

Step 1: Find a Provider

Begin by searching for qualified physicians located in the plaintiff’s county.

Step 2: Secure Exam Dates

After a provider has been selected, request at least three possible exam dates scheduled no sooner than 30 days out (unless a legal deadline requires sooner).

Step 3: Coordinate Records and Notifications

It is not the adjusters’ responsibility to notify opposing counsel and the plaintiff about the scheduled exam. All court orders or objections received must be forwarded to the provider immediately.

Step 4: Final Follow-Up

A week before the exam, send a reminder to the insurer. After the exam takes place, follow up to confirm that the plaintiff attended as scheduled.

Post-Exam Responsibilities

1. Provider Follow-Up

• Request the completed report by the provider’s deadline.
• If additional records are sent after the report, request an addendum.

2. Quality Assurance

• Send the report to QA for review.
• Ensure all records are addressed and the report is error-free.

3. Client Coordination

• If needed, schedule a call between the provider and the client to discuss findings before the report is finalized.

2025 Compulsory Medical Exam Regulations

As of 2025, Florida courts particularly in circuits like the 9th and 4th—have reinforced the requirement that CME requests must include highly specific details. This includes:

• Time, place, manner, conditions, and scope of the examination
• Name and qualifications of the examining physician
• Whether the exam is physical or psychological (psychological requires a court order or written agreement). Failure to include these details can result in the denial of the CME request or even reversal of a court order, as seen in Maddox v. Bullard, where a psychological exam was overturned due to vague order language

When working with defense counsel or paralegals, ensure that all CME documentation is complete and detailed before submission. This includes: Confirming the provider’s credentials and scope of practice. It’s equally important to clearly define the nature of the exam whether it’s orthopedic, neurological, psychological, or another specialty to ensure the selected provider is appropriately qualified. Lastly, verifying that the exam location and conditions meet court compliance standards can prevent procedural challenges. This level of detail protects the validity of the CME and helps avoid costly delays or objections from opposing counsel down the road.

Curious about the full list of steps that need to be followed during a CME? Contact our dedicated medical management team with knowledge about state regulations across all of the United States.

Check out our sources:

Nineteenth Judicial Circuit of Florida. Administrative Order 2025-01: Civil Case Management and Resolution. 5 Jan. 2025, www.circuit19.org/sites/default/files/2025-01/AO%202025-01%20Civil%20Case%20Management%20and%20Resolution.pdf.