If you are pursuing a personal injury claim in Florida, you may receive a notice for a medical evaluation that insurers often call an Independent Medical Exam, or IME. If your case is in litigation, the defense may seek an exam under Florida Rule of Civil Procedure 1.360 (often called a ‘compulsory medical examination’). If the exam is requested by an auto insurer in a PIP claim, Florida’s PIP statute also allows the PIP carrier to require an examination, and an unreasonable refusal or failure to appear can jeopardize future PIP benefits, so your attorney should evaluate the request and timing right away. These examinations can feel intimidating if you do not know what to expect.
At The Nurse Lawyer, P.A., we want you to understand that this appointment is not a typical doctor visit. It is an evaluation arranged for an insurance claim or lawsuit, and the findings may be used to evaluate, and sometimes dispute, the cause, severity, or extent of alleged injuries.
Because we have a background in both nursing and law, we view these exams through a specialized lens. We understand the clinical tests the doctor may perform, and we also understand how exam findings can be interpreted in an injury claim. As a Palm Harbor personal injury lawyer, our goal is to ensure you feel prepared, protected, and informed when you walk into that office. Understanding the nature of this exam is an important step in safeguarding your right to pursue fair compensation.
The Reality of the Independent Medical Exam
The term Independent Medical Exam can be confusing. You may also hear this called a ‘compulsory medical exam’ or ‘defense medical exam,’ and some Florida courts and divisions have guidelines that discourage calling it ‘independent’ because the examiner is typically hired by one side. In many cases, the physician performing the exam is selected and paid by the insurance company or defense counsel. The examiner is not acting as your treating provider, and the visit is focused on evaluating issues relevant to the claim rather than providing care. They are asked to provide opinions related to the claim, often including the cause of your injury, the necessity of past treatment, and the extent of future medical needs. Even when the exam happens under a court rule, the examiner is not a court-appointed neutral, and the exam is generally presented as a defense-requested evaluation rather than a treating medical visit.
If the exam is requested in a lawsuit, Florida Rule of Civil Procedure 1.360 allows the defense to request an examination when the condition is in controversy and requires the request to specify a reasonable time, place, manner, conditions, and scope of the exam, along with who will conduct it. If the exam will be recorded or observed by others, the request or response must also identify how many people will attend, their role, and the method of recording. If there is a dispute about the request, the court can address objections and may impose protective rules or conditions, and the party seeking the exam has the burden of showing good cause. Some Florida courts also publish local administrative guidance that addresses scheduling and logistics.
When you arrive at the clinic, the doctor may have reviewed some or all of your medical records. During the exam, they may compare your history and statements to the records for consistency. They may also consider whether your symptoms could be connected to a prior injury or pre-existing condition. This is why it is important to be honest, consistent, and careful throughout the entire process.
How to Prepare Before You Arrive
Preparation should begin long before you step into the waiting room. We recommend that you review your medical timeline so you can describe it clearly. If you had a back injury years ago that resolved, you should be able to discuss it calmly and accurately. If you do not remember something, it is better to say so than to guess.
We also suggest that you dress appropriately and realistically. If you have been using a brace or assistive device because your treating provider recommended it, be consistent at the exam. More broadly, aim to be consistent and truthful about your day-to-day limitations. In some cases, insurance carriers may gather information about a claimant’s activity level, so it is important that what you say about your limitations matches what you can safely do.
What Happens During the Examination
A Compulsory Medical Exam is typically shorter than a standard physical. The doctor will likely ask you about the accident and the progression of your symptoms. After the interview portion, they will conduct a physical assessment. This often includes testing your range of motion, checking your reflexes, and performing specific orthopedic tests such as the Straight Leg Raise or Spurling’s test.
As clinicians, we understand what these tests are designed to evaluate. It is also common for the examiner to observe your movement throughout the visit, not only during the formal testing. Some physicians look for what are called Waddell signs, which are findings that may be used as one data point when evaluating symptom presentation. These findings are not a definitive test for whether pain is real or not. They must be interpreted in context with the full medical record, diagnostic imaging, and the overall clinical picture.
It is important to remember that you should not push yourself to the point of severe pain just to prove you are hurt. You should stop a movement when it becomes painful and clearly communicate that to the doctor.
Common Pitfalls and How to Avoid Them
One of the biggest mistakes we see injured people make is treating the defense doctor like their own treating physician. You should be polite and cooperative, but remember that this is an evaluation connected to your claim. What you say may be included in the doctor’s report and may be used in the claim or lawsuit. Answer questions truthfully and briefly. Do not volunteer extra information that was not asked for, and avoid discussions about frustration with the insurance company or legal arguments about your case. Stick to the medical facts.
Another common pitfall is inconsistency. If you describe your pain as constant and severe, but your behavior suggests you are comfortable and functioning normally, the doctor may note that difference. Be precise with your descriptions. Instead of saying the pain is always there, describe how it feels during specific activities like driving, lifting groceries, standing for a period of time, or sleeping. Clear descriptions often help convey the impact of an injury better than general statements.
The Importance of the Post-Exam Record
As soon as you leave the exam, we recommend that you write down what happened while it is fresh in your mind. Note how long the doctor spent with you, what questions were asked, and which physical tests were performed. If the report later contains statements that do not match what occurred, your notes can help your legal team evaluate the accuracy of the examiner’s conclusions and prepare for deposition or trial testimony.
In a lawsuit context, the examiner’s report matters. Florida Rule of Civil Procedure 1.360 allows the examined person to request a detailed written report of the examiner’s findings, test results, diagnosis, and conclusions, and it also allows the court to exclude the examiner’s testimony if the examiner fails or refuses to provide a required report. It is also important to know that requesting the report or taking the examiner’s deposition can trigger a waiver of certain privileges related to testimony from other medical professionals who have examined the same condition. That can affect what medical testimony may be discoverable in the case, so your attorney should guide the timing and next steps.
At The Nurse Lawyer, P.A., we want to know whether the doctor seemed rushed, whether important parts of the exam were skipped, and whether your reports of pain were acknowledged during testing. These details can matter later when the defense relies on the exam findings.
Why Having a Nurse Lawyer Helps
Many personal injury cases depend on medical evidence, and the way injuries are described in records and reports can strongly influence how insurers evaluate a claim. At The Nurse Lawyer, P.A., we use our clinical and legal background to review exam reports, medical records, and diagnostic studies in detail. We understand how injuries heal, how symptoms can persist, and how imaging findings may be interpreted. We also know how to identify gaps in a defense report and clarify what the full medical picture shows.
We work to bridge the gap between the medical world and the legal world so your claim is presented clearly and accurately. You are not just a case number to us. You are a patient and a client whose health and future matter.
Contact The Nurse Lawyer, P.A. Today for a Consultation About Your Case
Navigating a personal injury claim in Florida can be complicated, and insurance companies often rely on medical evaluations and reports when deciding what to pay. You deserve a legal team that understands the medical science behind injuries as well as the legal standards that apply to injury claims.
If you have been injured in an accident and you have an upcoming Compulsory Medical Exam, we can help you prepare and understand what to expect. We handle personal injury cases involving car accidents, motorcycle crashes, truck accidents, and catastrophic injuries throughout Florida. With offices in Palm Harbor, Tampa, and St. Augustine, our team takes cases across Florida, including the Tampa Bay region and communities statewide. Our approach is rooted in the belief that an informed client is better protected.
If you have questions about your injury claim or an upcoming medical exam, call our office or fill out our form to schedule your consultation. We are ready to listen to your story and help you decide the best way to move forward.
Disclaimer: The information on this blog is for general informational purposes only and is not legal advice. Contacting The Nurse Lawyer, P.A. does not create an attorney client relationship. Do not send confidential information until an attorney client relationship has been established.
