11 Fla. L. Weekly Supp. 223b
Insurance — Personal injury protection — Independent medical examination — Agreed order on plaintiff’s objections to defendant’s request for orthopedic medical examination
LINDA FANDREY and GARY FANDREY, her husband, Plaintiffs, vs. MURRAY ABRAMOWITZ, Defendant. Circuit Court, 17th Judicial Circuit in and for Broward County. Case No. 02-24243 (21). December 11, 2003. Miette K. Burnstein, Judge. Counsel: Andrew J. Weinstein, Weinstein & Associates, Coral Springs, for Plaintiff. Amando Rodriguez, for Defendant.
AGREED ORDER ON PLAINTIFF’S OBJECTIONS TO REQUEST FOR ORTHOPEDIC MEDICAL EXAMINATION
THIS CAUSE having come before the undersigned upon the Plaintiff’s Notice of Attending IME and Objections to Request for Orthopedic Medical Examination, and the Court having been advised that the parties have agreed to the following, it is hereupon ORDERED AND ADJUDGED as follows:
1. The undersigned attorney may attend the examination scheduled by the Defendant.
2. The Plaintiff is not required to provide any documents to the IME doctor. Plaintiff is not responsible for bringing any documents or films, if same exist, to the examination.
3. The Plaintiff is not required to submit to any additional x-rays or any other testing other than the physical examination by the doctor.
4. The doctor shall not conduct an extensive oral or written examination of the Plaintiff.
5. Plaintiff is not required to complete any lengthy information forms upon his/her arrival at the IME doctor’s office. The Plaintiff will furnish the doctor with his/her name and address and social security number. Additional information should be provided to the doctor by the Defendant’s counsel.
6. Pursuant to Florida Rule of Civil Procedure 1.360(b)(1), the doctor is required to prepare a detailed written report setting forth all of his/her findings, including all tests made, diagnosis and conclusions, with similar reports of all earlier examinations of same condition. The doctor will prepare the report within thirty (30) days of the examination and simultaneously furnish counsel for Defendant and Plaintiff with a copy of same.
7. The doctor shall not refer to this examination as an “independent medical examination”, but shall clearly identify to the Plaintiff, that he has been hired by Defendant(s) and/or his/her counsel to examine the Plaintiff in defense of the claims made in the above-styled case.
8. A court reporter and/or videographer may be present at the medical examination.
9. It shall be the responsibility of the Defendant’s counsel to inform the defense doctor of the terms and conditions of this Order.
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