Pursuant to Rule 1.360 of the Florida Rules of Civil Procedure, the defense may request you undergo an exam by a qualified expert. This permitted because your physical condition is at issue.
The defense will make a request specifying the time, place, manner, conditions, and scope of the defense medical exam. Your attorney must respond to the defense’s request within 30 days. Sometimes attorneys object to certain conditions of the exam. If that happens the judge must decide.
Rights and Responsibilities
Your most important responsibility is to show-up – on time. I always remind my clients the day before the Defense Medical Exam. I want to make sure they know the time and location. If you miss your appointment for a Defense Medical Exam the court could require you to reimburse the defense for the cost of the exam. This can be very expensive – so don’t miss the appointment.
Even though you are required to attend a Defense Medical Exam, you still have rights. First, you do not have to sign anything given to you by the defense doctor without your lawyer reviewing first. Second, you do not have to discuss the liability of the case or what you and your attorney have talked about. Third, you have a right to refuse to be injected, examined without a gown, and/or undergo diagnostic testing. Also, if you are a minor you have a right to be accompanied by a parent or guardian, at all times.
After the Defense Medical Exam you have a right to request a written report of the defense doctor. This report must include the doctor’s findings, diagnosis, and conclusions. For a copy of my firm’s Notice of Client’s Rights and Responsibilities during a Defense Medical Exam form email me at email@example.com.
Always Be Honest
Honesty is the most important thing to remember before a Defense Medical Exam. Exaggerating your symptoms or pain can hurt your case. Doctors are very good at uncovering an exaggeration by looking at the physiological evidence. They can compare your subjective complaints to your nerve pathways to see if they match up. If you’re complaining of pain radiating down your leg, you would expect a lumbar herniated disc. If you don’t – then the doctor will claim you are a liar.
Allow Your Lawyer To Speak To Your Family
As a personal injury attorney in Florida I like to speak to my client’s family and friends. Often times the spouse is more aware of things the client needs help with. This includes bathing, dressing, and eating. I always like to make sure these things are documented – sworn written statement.
Keep A Diary
Another thing that can help your case is to keep a diary. I usually suggest a daily log – morning and night – for at least 30 days. Your spouse should also keep a diary. A diary will tell your attorney things you would never know about you and how your family is suffering. A diary also forces those close to you to “pay attention” and “document” unusual behavior. Things like irritability, depression, lack of motivation, weight gain, etc. If you’d like to see a copy of a diary template I use in my practice, email me at firstname.lastname@example.org.
On the day of the Defense Medical Exam, I give my clients a questionaire to take and complete immediately after the exam. The questionnaire asked questions about the exam. This is to be completed when the exam is still fresh in the clients mind. It can be helpful to your attorney while examining the defense doctor at deposition or trial.
Same-Day Appointment With Your Doctor
Another thing I always recommend is scheduling an appointment with your own doctor the same day as the Defense Medical Exam. Your own doctor will document your symptoms – things like muscle spasms and decreased range of motion. This will be documented the same day as the defense doctor said nothing was wrong with you.
For more information on what to do before or after a Defense Medical Exam check out some of our other personal injury articles on our firm’s website. Also, you can subscribe to The Longo Firm YouTube channel for informative videos.