What Is an IME in Florida? Your Rights at a Defense Medical Exam

Hollywood Car Accident Lawyer | Daniel B Reinfeld, PA

Written and reviewed by Daniel B. Reinfeld, Esq. | Last updated October 25, 2026

An IME, or "independent medical examination," is a medical exam of an injured person by a doctor the other side chooses and pays. In Florida, the doctor is not independent. In a lawsuit, the proper name is a compulsory medical examination, or CME, and Florida Rule of Civil Procedure 1.360 governs it. The doctor's job is to give an opinion the defense can use, and everything you say and do at the exam can end up in the report.

What is an IME in Florida?

An IME is a one-time medical exam by a doctor selected by the insurance company or the defendant, performed to evaluate the injuries you claim. The doctor never treats you. The doctor examines you, reviews your records, and writes a report that the defense uses to argue your injuries are smaller, older, or unrelated to the accident.

Four settings produce what people call an IME in Florida. The first is a lawsuit, where the defendant asks for an exam under Rule 1.360. The second is a personal injury protection (PIP) claim, where your own car insurer sends you to a doctor under section 627.736(7), Florida Statutes. The third is workers' compensation, where section 440.13 uses the term "independent medical examination" for an exam either side can request. The fourth is a disability or other insurance claim governed by the policy. The rules differ in each, and this article separates them.

Why is an IME called a CME in Florida courts?

Lawyers and judges call a lawsuit exam a "compulsory medical examination" because that is what it is. The rule is titled "Examination of Persons," and the exam happens only if you agree to it or a court orders it. "Independent" misdescribes a doctor who is hired, selected, and paid by the party opposing you.

Rule 1.360(c) points the same direction. Either side may call the examiner as a witness, but the examiner cannot be identified to the jury as appointed by the court. The examiner is a retained defense expert, and the rule prevents the examiner from being presented as a neutral. Circuit court guidelines in Florida use the title "Compulsory Medical Examination," which is why you will see CME in orders, motions, and guidelines and IME in insurance letters and on the internet.

The two terms refer to the same event in a lawsuit. If an insurer's letter says IME, treat it as a defense exam. The one place "independent medical examination" is the statutory term is workers' compensation, where section 440.13(1) defines it and subsection (5) governs it.

Do you have to go to an IME?

In a lawsuit, you must attend a properly requested exam or get a court order protecting you from it. A defendant can ask for a physical exam of a plaintiff without first going to court. The request must state the time, place, manner, conditions, and scope of the exam, and the examiner must be a qualified expert. If the condition being examined is not truly in controversy, the exam is improper.

Rule 1.360(a)(2) allows the exam only for good cause, and the party requesting it carries the burden if you object. Either side can ask the court to set ground rules under Rule 1.360(a)(3). Exams of mental or other non-physical conditions, including neuropsychological testing, require a motion and a court order rather than a simple request.

Skipping the exam is a mistake. Ignoring a request or an order invites sanctions under Rule 1.380, and in a PIP claim an unreasonable refusal can end your benefits. If something about the request is wrong, such as the doctor, the scope, the location, or the invasive nature of the testing, your lawyer objects in writing and gets a ruling before the date. You do not decide on your own to stay home.

How does a Florida IME work?

A Florida CME moves through five stages: the request, objections and ground rules, the exam, the report, and the use of the report in the case.

Step 1: The request

The defense serves a written request under Rule 1.360(a)(1). The response time for a plaintiff is generally 30 days. The request or your response must also disclose how many people will observe or record the exam, their roles, and the recording method.

Step 2: Objections and ground rules

Your lawyer reviews the examiner, the specialty, the scope, and the testing. Many circuits publish written guidelines that cover these points. The Ninth Judicial Circuit (Orange and Osceola), Fifteenth Judicial Circuit (Palm Beach), and the Eighteenth Judicial Circuit (Brevard and Seminole) all do, and the details differ between them, so confer with your lawyer on your circuit's order first.

Step 3: The exam

You go to the examiner's office, usually once, for a history and a physical examination. Time in the room is often short compared with the time you spend filling out forms and waiting. The examiner is evaluating you from the moment you arrive.

Step 4: The report

On request, the party who ordered the exam must deliver a detailed written report of the findings, including test results, diagnosis, and conclusions, along with reports of earlier exams of the same condition. If the examiner does not produce the report, the court can exclude the examiner's testimony at trial. In a lawsuit, we always ask.

Step 5: Use in the case

The defense uses the report to support a defense, to argue the injury is pre-existing, or to press for a lower settlement. Either side can depose the examiner or call the examiner at trial.

One strategic point matters before you request the report. Under Rule 1.360(b)(2), when the examined party requests and obtains the examiner's report, or deposes the examiner, that party waives any privilege covering other doctors who have examined or later examine the same condition. That waiver is a reason to have a lawyer decide how and when to ask for the report.

Do you have to speak or fill out paperwork at an IME?

You must answer reasonable questions about your medical history, your symptoms, and how the accident happened physically. You do not have to discuss fault, and you do not have to discuss when or why you hired a lawyer. Paperwork is where people get hurt, because anything you write is the examiner's evidence.

The circuit guidelines I have reviewed draw the same lines. The Ninth Circuit guidelines say the examinee need not state when or why counsel was retained, or who was at fault, but must describe the mechanics of the accident and body movements. The Eighteenth Circuit guidelines add that the exam is not a deposition, that questions are limited to the conditions in controversy, and that the examiner cannot ask what you told your attorney, investigators, or doctors or who referred you to a physician.

On forms, the Ninth Circuit guidelines require the examiner to send any intake forms to your lawyer at least seven days before the exam so they can be reviewed. The Eighteenth Circuit guidelines set that period at ten days and say the examinee is not required to complete forms on arrival beyond name, address, and date of birth. Those are circuit-specific rules. Where no guideline exists, your lawyer negotiates the same terms in advance.

The practical rule is simple. Answer what is asked, truthfully and briefly. Do not volunteer. Do not guess at dates, and say "I don't remember" when you do not. Do not sign anything you did not review with your lawyer, and never sign a document that describes the doctor's findings or waives anything. The examiner is not your doctor, and nothing you tell the examiner is confidential.

Can my attorney attend the IME?

Yes. In a Florida lawsuit your attorney, or a representative from your attorney's office, can attend the CME exam, and we attend every one with our clients. Rule 1.360(a)(1)(A) expressly contemplates that a physical exam may be observed or recorded by others and requires the number of observers, their roles, and the recording method to be disclosed. The Fifth District Court of Appeal held in Prince v. Mallari (Fla. 5th DCA 2010) that the plaintiff may bring counsel and a videographer, that defense counsel has no right to be present, and quashed an order allowing a defense videographer.

The circuit guidelines match. The Ninth Circuit guidelines permit plaintiff's counsel or a representative, a videographer, a court reporter, and an interpreter if needed, and state that defense counsel does not have the right to be present. The Eighteenth Circuit guidelines say neither the defendant's attorney nor any defense representative may attend or observe. A parent or guardian may accompany a minor, and Rule 1.360(a)(1)(C) protects that right unless a court finds the parent's presence would materially and negatively affect the exam.

My role at the exam is to observe and document, not to answer for you. Attendees must not interfere with the examination, and the guidelines say so. I watch what is done, how long it takes, which tests are used, and whether the exam stays inside the scope ordered. I note anything done outside that scope, and I can preserve an objection on the record and stop an invasive procedure that no one agreed to. Under the Ninth and Eighteenth Circuit guidelines, only non-invasive procedures are allowed without a prior court order.

Before the exam, we send written notice of who will attend. The Ninth Circuit guidelines require plaintiff's counsel to provide the names, relationships, and number of attendees in writing, and the Eighteenth requires the list within ten days of the exam.

Should an IME be videotaped?

Yes. Every CME defense medical exam in a significant case should be recorded by a videographer we bring. A recording turns a disputed account into evidence. Without it, the exam becomes the examiner's word against yours, and the report is the only record of what happened in the room.

Video is valuable for three reasons. It shows how long the exam lasted and what was actually done, which matters when a report claims a "thorough" exam that lasted minutes. It captures the questions and your answers, so a misquoted history can be corrected with the doctor's own voice. And it records how tests are performed, which is critical when the examiner later testifies that you showed "inconsistent effort."

Both sets of guidelines I reviewed treat the recording as the examinee's. The Ninth Circuit guidelines say the party requesting the exam cannot record it and that the recording belongs to the examinee's legal representative and is not discoverable without a court order. The Eighteenth Circuit guidelines allow the plaintiff to video or audio record the exam and say the defense gets a copy only if the video is identified as impeachment material for trial or work-product protection is waived. Check the order that governs your case, because circuits differ and some have no written guideline.

What is a PIP IME in Florida?

A PIP IME is a physical or mental exam your own auto insurer can require under section 627.736(7)(a), Florida Statutes, whenever the injured person's condition is material to the claim. The insurer pays the full cost of any exam it requests. The statute requires the exam to take place at a reasonably accessible location and defines that term.

Your own PIP carrier is not obligated to treat you fairly in the way a neutral would. A report from its chosen physician is how an insurer justifies cutting off payment to your treating doctors. The statute allows the insurer to stop paying a treating physician only after it obtains a valid contrary report, and a valid report must be signed by the examining physician, or by a physician who reviews your treatment records.

The consequences of skipping a PIP exam are severe. Under section 627.736(7)(b), if you unreasonably refuse or fail to attend, the PIP carrier is no longer liable for subsequent PIP benefits. Refusing or failing to attend two exams raises a rebuttable presumption that the refusal was unreasonable. Attend, and take the same protective steps described here.

Attorney attendance is different in PIP. Rule 1.360 governs exams in a lawsuit. A pre-suit PIP exam is a creature of the statute and the policy, and the statute does not say you may bring a lawyer or a camera, and it does not forbid either. In my experience, whether a carrier's doctor allows an attorney or videographer is a matter to request in writing before the date. Do not skip the exam over the dispute. If the carrier refuses, your lawyer decides how to proceed, and you attend.

The same statute lets the insurer require an examination under oath under section 627.736(6)(g), which is a separate proceeding from the medical exam. Compliance is a condition precedent to receiving benefits, and you should not attend one without counsel.

What is a workers' compensation IME?

A workers' compensation IME is a one-time exam by a physician of your choice or the carrier's choice under section 440.13(5), Florida Statutes. Each side is entitled to only one independent medical examination per accident. The party that requests and selects the examiner pays for it, and the examiner must be identified to the other parties within 15 days of the request.

This is the one setting where "independent medical examination" is the statute's own term. A carrier-scheduled exam must be confirmed in writing with the claimant at least seven days before the date. If you miss a carrier-scheduled exam without good cause and without 24 hours' notice, you cannot recover compensation for the period of the refusal, and you must reimburse half of the physician's cancellation or no-show fee unless the carrier failed to give timely written confirmation. The statute says nothing about attorneys or recording, so request both in writing and expect the carrier to respond.

What are distraction tests, and how do examiners use them?

A distraction test checks whether a finding changes when you are not paying attention to it. The examiner tests something formally, then tests the same thing informally while your attention is elsewhere, and compares the two. If the results differ, the report says the finding is "non-organic" or the effort was "inconsistent."

Think of a magician's misdirection. The examiner presses on a sore spot with one hand and asks you to rate it, then touches the same area during another task while talking about something else. Or the examiner asks you to lift your leg while seated, which is formal, and notes that you extended the same leg to sit on the exam table, which is informal. The comparison is the point.

These tests come from the Waddell signs, described by Waddell and colleagues in the journal Spine in 1980 as non-organic signs in low back pain. They fall into five groups: superficial or non-anatomic tenderness, simulation tests such as axial loading, distraction tests such as comparing a supine straight-leg raise with a seated one, regional disturbances such as non-anatomic weakness or numbness, and overreaction. Hoover's sign, which compares downward pressure from the opposite heel when you try to lift a leg you say is weak, is a related test used for claimed leg weakness.

These tests do not prove what examiners say they prove. A 2004 review by Fishbain and colleagues in the Clinical Journal of Pain examined whether Waddell signs relate to secondary gain or malingering and found they do not establish that link. Pain varies with position, medication, fatigue, and attention, and real injuries do not hurt the same way in every posture. Positive Waddell signs show that a finding was inconsistent. They do not show that you are lying, and an examiner who testifies otherwise can be cross-examined with the literature.

What are malingering tests?

Malingering tests are validity or effort tests designed to detect whether a person is exaggerating or underperforming. They are most common in neuropsychological and psychological exams. In orthopedic and neurologic exams, the equivalents are grip-strength protocols, repeated-measure consistency checks, and the Waddell signs above.

Malingering is the intentional production or gross exaggeration of symptoms for an external reward. In a Florida injury case, that reward is a settlement, benefits, or avoiding work. The DSM-5 describes it as a circumstance that can be the focus of clinical attention, not as a mental disorder.

Two elements separate it from everything else.

Intent: The person knows the symptoms are false or inflated and is doing it deliberately.

External gain: Money, benefits, or escaping a duty motivates it.

If either is missing, it isn’t malingering. Three things are commonly confused with it:

Factitious disorder: The person fakes illness, but the motive is the patient role itself, with no outside reward.

Somatic symptom disorder: The symptoms are real to the person, and the distress is not deliberate.

Symptom magnification or “overreaction”: The person amplifies real pain, often from fear, catastrophizing, anxiety, or a sense that no one believes them. Examiners often call this “non-organic” or “inconsistent effort,” and defense reports sometimes blur it into malingering.

At a defense medical exam, doctors rarely write “malingering.” They write “inconsistent effort,” “positive Waddell signs,” “symptom magnification,” or “failed validity testing.” Those phrases let the defense imply deception without the doctor having to prove intent. Intent is a conclusion about someone’s mind, and no test measures it.

The usual tools look for inconsistency, not lying. These are distraction tests, Waddell signs, Hoover’s sign, grip-strength consistency checks, and the TOMM and MMPI-2 validity scales in neuropsychological exams. Fishbain’s 2004 review found Waddell signs do not establish malingering or secondary gain. Pain also varies with position, fatigue, medication, and attention, so inconsistency alone doesn’t prove intent. Validity-testing consensus standards say conclusions need multiple indicators and a clinical explanation that rules out other causes.

In practice, a claim of malingering is an impeachment argument for the jury to weigh. That’s why we bring a videographer and why the exam record matters. The examiner’s report then has to match what actually happened in the room.

What this means for you is practical. Give your honest best effort on every test. Do not exaggerate, and do not push through pain to look better than you are. If something hurts, say so at the time and describe it accurately. Tell the examiner when you are stopping and why. Consistency is the thing every test measures, so be the same person in the parking lot, the waiting room, and the exam room.

How should you prepare for a defense medical exam?

Prepare in four steps: confirm the scope in writing, bring the right help, behave consistently from arrival to departure, and debrief afterward.

First, your lawyer confirms the examiner, specialty, date, location, scope, and any testing in writing, and resolves objections before the date. Second, a lawyer or representative and a videographer come with you. Third, arrive early, because the guidelines I reviewed expect you at least 15 minutes ahead of the start time, and expect the exam to begin within a reasonable time, since the Ninth Circuit guidelines say you may leave if not called after waiting 30 minutes. Fourth, write down what happened as soon as you leave, including what was asked, what was done, how long it took, and anything that hurt. Give those notes to your lawyer rather than posting about it or discussing it with anyone else.

Dress for an exam, wear clothing you can move in, bring your list of medications, and expect to be watched from the moment you enter the building. Examiners and their staff note how you walk, sit, carry things, and get in and out of the car.

What happens after the IME?

The report arrives, we compare it with the video and the notes, and we decide how to answer it. A report that misstates the history, skips tests it claims to have performed, or reaches conclusions the exam cannot support is cross-examination material. We can depose the examiner, retain our own expert to respond, or move to exclude opinions that go beyond the doctor's qualifications or the scope of the order.

The report also drives settlement. Insurers use a defense exam to argue the injury is pre-existing, resolved, or unrelated. A recorded exam with a lawyer present, and a treating doctor who has explained the injury clearly, is how you answer that argument.

Frequently Asked Questions

What does IME stand for?

IME stands for independent medical examination. In Florida lawsuits the same exam is called a compulsory medical examination, or CME, and is governed by Florida Rule of Civil Procedure 1.360. The doctor is chosen and paid by the defense, so the exam is not independent.

Why is it called a CME instead of an IME?

The exam is compulsory, meaning it is conducted by agreement or court order. The doctor is a retained defense expert, and Rule 1.360(c) bars identifying the examiner as appointed by the court. Courts and lawyers therefore say CME. Workers' compensation law, section 440.13, Florida Statutes, is the exception and uses "independent medical examination."

Can my lawyer go with me to a defense medical exam in Florida?

Yes, in a lawsuit. Rule 1.360(a)(1)(A) contemplates observers and recording, and the Fifth District held in Prince v. Mallari that the plaintiff may bring counsel and a videographer while defense counsel has no right to attend. Circuit guidelines, including those of the Ninth and Eighteenth Circuits, say the same.

Can I record a Florida IME?

Yes, in a lawsuit your side can record the exam by video, and the number of observers and the recording method must be disclosed under Rule 1.360(a)(1)(A). The Ninth and Eighteenth Circuit guidelines bar the requesting party from recording. Check the order in your circuit.

Do I have to answer the doctor's questions at an IME?

You must answer reasonable questions about your history, symptoms, and the physical mechanics of the accident. You do not have to discuss fault or when and why you hired a lawyer. The exam is not a deposition.

What happens if I miss an IME?

In a lawsuit you risk sanctions under Rule 1.380. In a PIP claim, an unreasonable failure to attend ends the carrier's liability for later PIP benefits under section 627.736(7)(b), and missing two exams raises a presumption that it was unreasonable. In workers' compensation, a no-show without good cause bars compensation for the period of refusal.

Do I have to fill out forms at an IME?

You may be asked to complete intake forms. Many of the forms may be objectionable, and some Florida courts (not all) may rule that you do not need to complete them. Where circuit guidelines apply, the forms go to your lawyer in advance, seven days ahead in the Ninth Circuit and ten days ahead in the Eighteenth. Confer with your attorney as.

Why is the doctor performing so many test to see if I am faking symptoms vs testing the syptoms? Why are CME doctors hyperfixated on Waddell signs?

Because the CME exam has a different job than a treating doctor’s visit. A treating doctor asks what’s wrong and how to fix it. The defense examiner is retained to answer a different question: how much of the claim can be discounted. Pain can’t be measured objectively. There’s no scan for it. So when the imaging shows an injury, the easiest way to shrink the claim is to attack how believable the patient is.

Waddell signs fit that purpose for four reasons.

1. They’re quick and cheap. Each takes seconds, needs no equipment, and can be done during the normal exam.

2. They produce a score. The report can say “positive for 3 of 5 Waddell categories.” That reads as objective, even though it’s a clinician’s judgment.

3. They sound like a finding about you. “Non-organic signs” and “inconsistent effort” suggest exaggeration without the doctor having to say “malingering” and defend it.

4. They’re hard to rebut without a record. If nobody else was in the room and nothing was recorded, the report is the only account of how you performed.

The irony is that Waddell described these signs in 1980 to flag psychological distress and to help decide who is a poor candidate for back surgery, not to detect deceit. Later research, including Fishbain’s 2004 review, found they don’t establish malingering or secondary gain. A person in real pain who is anxious, frightened, or medicated can score “positive.”

When a doctor stacks many of these tests, three explanations are possible. The first is a thorough exam. The second is a template: some defense examiners run the same battery on every plaintiff. The third is building a report to support an argument. The recording and the tests actually performed tell you which. If the report lists tests that weren’t done, or calls a result “positive” when the video shows something else, that’s cross-examination material.

What to do about it: give honest effort, tell the examiner when something hurts, and be consistent from the parking lot to the exam room. Don’t try to “pass” the tests by pushing through pain or by holding back. Both look like inconsistency. Your lawyer’s attendance and a videographer are what make the test results contestable.

No test proves it. Distraction tests and Waddell signs show inconsistency, and a 2004 review published in the Clinical Journal of Pain found they do not establish malingering or secondary gain. Examiners can still testify about them, which is why a recording and a prepared cross-examination matter.

Call Today. Discuss Your Medical Exam Directly With Dan

A defense medical exam can decide the value of your case, and it should not be a surprise. When you call Daniel B. Reinfeld, PA, you speak directly with Dan, not a call center, and he handles your case personally. Dan has practiced law in Florida for more than 25 years and spent years defending insurance claims before representing injured people, so he knows how these exams are built and how to answer them. Our firm sends an attorney or representative, and a videographer, to defense medical exams.

Consultations are free, and there is no fee unless we recover for you. Dan meets by phone, Zoom, at the hospital, or at your home, with evening and weekend appointments available.

Call (954) 923-6110 or email dan@reinfeldlaw.com.

Hollywood office: 2450 Hollywood Boulevard, Suite 706, Hollywood, FL 33020. Open Monday through Friday, 9:00 a.m. to 5:00 p.m., with 24/7 live telephone answering. Fort Lauderdale consultations by appointment at 110 SE 6th Street, Suite 1700, Fort Lauderdale, FL 33301.

Related guides: What is a deposition in Florida, Hollywood car accident lawyer, Hollywood workers' compensation lawyer.

Sources: Florida Rule of Civil Procedure 1.360, Examination of Persons (The Florida Bar); Section 627.736, Florida Statutes (PIP); Section 440.13, Florida Statutes (Workers' Compensation medical services); Ninth Judicial Circuit, Compulsory Medical Examination Guidelines; Eighteenth Judicial Circuit, Guidelines Regarding Compulsory Medical Examination; Prince v. Mallari (Fla. 5th DCA 2010); Waddell G, et al., Nonorganic physical signs in low-back pain, Spine 1980; Fishbain DA, et al., Is there a relationship between nonorganic physical findings (Waddell signs) and secondary gain/malingering?, Clinical Journal of Pain 2004; American Academy of Clinical Neuropsychology, 2021 Consensus Statement on Validity Assessment.

This article provides general information about Florida civil procedure and insurance law. It is not legal advice, and reading it does not create an attorney-client relationship. Every case is different, and you should speak with a lawyer about your situation.

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