Posted on March 2, 2025

For most plaintiff attorneys, attending a Defense Medical Exam (DME) is a routine part of the process. However, for the majority of clients in Florida, this may be their first experience with such an exam. Although it may sound obvious, failing to adequately prepare clients for what to expect during a DME can negatively impact their case. Here are several key considerations to discuss with clients before they undergo a DME:

Understanding the Relationship with the Doctor

In Florida, clients may assume that any doctor they visit has their best interests at heart, but this isn't the case with a DME. Unlike a regular medical appointment where a patient's communication is confidential, clients need to understand that the doctor conducting the DME is hired by the opposing party. This doctor's purpose is not to provide treatment or offer medical advice but to examine the client from a legal perspective. Make sure your client knows that their conversation is not protected and could be used to defend the other party's case.

Keep Responses Brief and Focused

Many people, especially in Florida's laid-back culture, tend to elaborate on their condition when discussing symptoms. However, clients should be coached to answer only the questions posed by the doctor conducting the exam, and avoid over-explaining. This will help ensure the exam stays on track and that their responses don't inadvertently harm their case. This is particularly important because many DME doctors are experienced at testing the boundaries of what a client might reveal.

Arriving on Time is Critical

Scheduling a DME can sometimes be challenging due to Florida's vast size and traffic congestion. For instance, if the exam is set in Miami and your client lives in Jacksonville, travel time could be considerable. It's crucial for your client to plan ahead and allow for ample time to get to the appointment. In Florida, being late or missing a DME can result in steep cancellation fees and delays in the legal process, potentially costing your client valuable time and money. Clients need to understand that these issues are not taken lightly, and rescheduling may lead to further inconvenience.

Focus on Verbal Communication, Not Gestures

In Florida, where non-verbal communication can be part of everyday interaction, many clients may instinctively use gestures when discussing their pain or injuries. However, DMEs are typically audio-recorded, not video-recorded, which means any non-verbal cues may be overlooked at misunderstood. Clients should be advised to describe their pain and symptoms as clearly as possible using words, as this can help their case during the legal proceedings.

Language Barriers and Interpreters

In a diverse state like Florida, it's common for clients to speak languages other than English. If your client has limited English proficiency, it's vital to address the need for an interpreter before the DME. Florida businesses specializing in medical examinations, such as those arranged by defense counsel, should be asked to provide a certified interpreter. If this hasn't been arranged, it's essential to demand that one be present. Misunderstandings due to language barriers could harm the case, so clarity is key during the examination process.

JLNG Nurses Can Help

JLNG Consulting's legal nurse consultants provide support services for our clients by creating not only peace of mind during Defense Medical Exams, but also by saving our clients valuable time. When our legal nurse consultants are scheduled to attend a client's DME, they begin the important process of protecting the patient's case through advocacy all while the attorney is able to attend to other matters, creating ultimate efficiency for each case. Our nurses take great care to educate clients on the DME process to ensure a smooth exam. Ready to get scheduled? Visit our contact page or call us at 904-701-8489. (7 days a week)