The Defense Medical Exam in a Florida Injury Lawsuit (Rule 1.360)
By Jeffrey D. Soud, Esq., Florida attorney (Florida Bar #976090), The SOUD Law Firm, Orange Park, Florida. Updated October 2026.
In a Florida injury lawsuit, Florida Rule of Civil Procedure 1.360 lets the defense request that you be examined by a qualified examiner it selects, an exam often called an "IME" but more accurately a compulsory or defense medical exam. It is not treatment, and the doctor is not your doctor; the written request must state the time, place, manner, conditions, scope, and examiner, and your side generally has 30 days to respond. Under Florida case law, absent a valid reason for denial, you may be entitled to have an attorney or videographer present.
What is a defense medical exam, and what is it not?
When you sue for an injury, your physical condition is in controversy. Florida Rule of Civil Procedure 1.360 lets the defense request that you be examined by a qualified examiner it selects. People often call it an "IME." It is more accurately a compulsory or defense medical exam, because the other side chooses the doctor.
The exam is not treatment. The doctor is not your doctor, and the purpose is to evaluate your claim for the defense. Any party can later call the examiner as a witness, but the examiner may not be identified as appointed by the court (Rule 1.360(c)).
How does the defense schedule the exam?
For a physical exam, the defense serves a written request. It must state a reasonable time, place, manner, conditions, and scope of the exam, and who will perform it. Your side generally has 30 days to respond, either agreeing to the exam as requested or stating the reasons for any objection (Rule 1.360(a)(1)(A)).
The defense must have good cause for the exam, and either side can ask the court for protective rules governing it (Rule 1.360(a)(2)-(3)).
For a condition that is not physical, such as a psychological claim, the defense must file a motion, and the court's order sets the terms (Rule 1.360(a)(1)(B)). A minor has the right to have a parent or guardian present at all times, with narrow exceptions (Rule 1.360(a)(1)(C)).
Who may attend the exam, and can it be recorded?
Florida takes a liberal view of observers at these exams. In a 2000 decision involving a PIP exam, the Florida Supreme Court described that approach and held that, absent a valid reason for denial, the person being examined is entitled to have an attorney or videographer present (U.S. Security Ins. Co. v. Cimino, 754 So. 2d 697 (Fla. 2000)). The court cited Rule 1.360 decisions placing the burden on the side that wants to exclude an observer. How this plays out can depend on the judge and the facts.
Under the current rule, if the exam will be recorded or observed, the request or response must state how many people will attend, their roles, and the method of recording (Rule 1.360(a)(1)(A)). Observers generally may not interfere with the exam.
Do not make your own arrangements, such as secretly recording on your phone. Florida restricts recording conversations without consent (§ 934.03, Fla. Stat.). Your lawyer will tell you who will attend.
How should you prepare, and what happens in the room?
- Review your history with your lawyer: prior injuries, treatment since the crash, and your current symptoms.
- Ask your lawyer whether to fill out intake forms, and how much. If you fill one out, be accurate.
- Bring photo ID, a list of your medications, and any brace, glasses, or device you normally use.
- Arrive on time.
In the room, answer honestly and in your own words. Describe your symptoms as they are that day. Do not exaggerate, and do not minimize. If a movement hurts, say so. If you cannot do something, say so rather than pushing through.
The exam should stay within the scope stated in the request or order. If it seems to go beyond that, tell your lawyer afterward. Right after the exam, write down when it started and ended, what the doctor asked and did, and anything that seemed unusual.
What happens with the examiner's report, and what if doctors disagree?
On request, the defense must deliver a detailed written report of the examiner's findings, test results, diagnosis, and conclusions, along with reports of earlier exams of the same condition (Rule 1.360(b)(1)). Requesting that report has consequences. After the defense delivers it, the defense may request similar reports of any examination of the same condition from your side. And by requesting and obtaining the report, or by taking the examiner's deposition, you waive certain privileges as to the testimony of anyone else who has examined or later examines you for the same condition (Rule 1.360(b)(1)-(2)). Your lawyer will weigh that choice.
A defense examiner may reach conclusions different from your treating doctors. That does not end your case. When doctors disagree, a jury may be the one to decide whom to believe.
This guide is general information about Florida practice as of October 2026, not legal advice.
Frequently asked questions
Is the defense doctor my doctor?
No. The exam is not treatment. The doctor is not your doctor, and the purpose is to evaluate your claim for the defense. The examiner may not be identified at trial as appointed by the court (Rule 1.360(c)).
Do I have to attend a defense medical exam?
For a physical exam, the defense serves a written request, and your side generally has 30 days to agree or state the reasons for any objection (Rule 1.360(a)(1)(A)). The defense must have good cause, and either side can ask the court for protective rules (Rule 1.360(a)(2)-(3)). Your lawyer will advise you.
Can my lawyer or a videographer come to the exam?
Generally, Florida takes a liberal view of observers. In U.S. Security Ins. Co. v. Cimino, 754 So. 2d 697 (Fla. 2000), a PIP-exam case, the Florida Supreme Court held that, absent a valid reason for denial, the person being examined is entitled to have an attorney or videographer present. How this plays out can depend on the judge and the facts.
Can I secretly record the exam on my phone?
Do not make your own arrangements. Florida restricts recording conversations without consent (§ 934.03, Fla. Stat.). Your lawyer will tell you who will attend and how any recording will be done.
Do I get a copy of the examiner's report?
On request, the defense must deliver a detailed written report (Rule 1.360(b)(1)). Requesting it has consequences: the defense may then request similar reports from your side, and you may waive certain privileges (Rule 1.360(b)(1)-(2)). Your lawyer will weigh that choice.
Sources
- Florida Rules of Civil Procedure (Oct. 1, 2026 ed.), Rule 1.360 (examination of persons): https://www-media.floridabar.org/uploads/2026/10/Civil-Procedure-Rules-10-01-26.pdf
- U.S. Security Ins. Co. v. Cimino, 754 So. 2d 697 (Fla. 2000), Florida Supreme Court opinion: https://flcourts-media.flcourts.gov/content/download/324562/opinion/Opinion_SC93932.pdf
- Florida Statutes (2026), § 934.03: https://www.flsenate.gov/Laws/Statutes/2026/934.03