Legal Question in Personal Injury in Florida

Independent Medical Exams

Does the insurance company of the at-fault defendent have the right ,by law, to have a plaintiff examined by their Doctors. I know that MY insurance company has that right.

OR is this something that is usually ordered by a Judge during Discovery. I have the opinion of MY physician and another independent specialist chosen at random, but I know that the insurance company's Examining Doctors are ANYTHING but independent.

The insurance company refuses to negotiate with me because I won't give them a RECORDED statement nor will I give them the exam by THEIR physician

Any advice on how to proceed?


Asked on 1/17/03, 10:08 am

2 Answers from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Re: Independent Medical Exams

They have no right to have you examined until you file suit. Most state courts will allow an exam bya doctor of their choice. On occasion we have allowed an exam before suit on condition that we agree on the doctor we know to be fair and that he will also be the one to re-examine the client in the event of suit or that he be excluded as a witness at our option if it's their choice. Statements by our clients are never agreed unless the company will submit their insured to the same.

Read more
Answered on 1/17/03, 11:38 am
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Independent Medical Exams

I second Mr. Tobin's opinion, and, if you already have a lawyer, I recommend that you address your concerns with your lawyer.

Read more
Answered on 1/17/03, 5:26 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Florida