ORDER ALLOWING West Palm Beach Florida car accident PHYSICAL EXAMINATION
OF PLAINTIFF, PURSUANT TO LOCAL COURT RULE. Call 1-800-74-TRIAL

At a session of said Court, held in the City of , County of _____,State of _____, on: _____
PRESENT: HONORABLE _____
Judge
This matter having come before the Court upon Defendant’s Motion to Compel Independent Medical Examination and the Court being otherwise fully advised in the premises;
IT IS HERBY ORDERED that the following conditions apply to Defendant’s requested medical examination of Plaintiff by Dr. _____:
1. That included with (West Palm Beach Florida car accident Plaintiff’s) notice of the medical examiner’s deposition, (West Palm Beach Florida car accident Plaintiff’s) counsel shall be entitled to subpoena copies of all IRS form 1099’s for the years 2002, 2003 and 2004, inclusive, for payments issued to said examiner, individually, and to any entity which received compensation for Independent and/or Insurance and/or defense medical examinations related to forensic services performed by said examiner, including but not limited to:
a. Independent and/or Insurance and/or Defense medical examination;
b. Independent and/or Insurance and/or Defense medical examination;
c. Depositions;
d. Medical records reviews; and
e. Forensic activity for which payments were made.
In the event said examiner refuses to provide the subpoenaed documents at his deposition, Defendant will be barred from introducing said examiner’s testimony at trial.
2. That the Plaintiff may be accompanied by her attorney or other representative to observe the examination and/or be permitted to record the examination by means of simultaneous audio and visual recording.
3. No other persons other than Plaintiff, representative, the videographer and designated medical examiner and his or her staff are allowed to be present during the examination.
4. That the examination must be limited to the (West Palm Beach Florida car accident Plaintiff’s) conditions, which are in controversy in this action, as provided by the Court Rules.
5. Any persons assisting the defense medical examiner must be fully identified by full name and title to Plaintiff, (West Palm Beach Florida car accident Plaintiff’s) representative, and on the video.
6. Defendant shall provide transportation or pay transportation to the Plaintiff for the evaluation/examination. If the Plaintiff chooses to drive or be driven by someone else she knows, the Defendant will reimburse the Plaintiff for reasonable transportation costs to and from each examination at the rate of $.35 cents per mile, plus parking costs, if any.
7. That the total time for examination and testing, if applicable, shall not be limited by Plaintiff or (West Palm Beach Florida car accident Plaintiff’s) counsel.
8. That a copy of this Order shall be provided to the physician by the defense attorney prior to the exam.
9. That the (West Palm Beach Florida car accident Plaintiff’s) counsel shall be provided with a current copy of the curriculum vitae of the defense medical examiner no more than thirty (30) days after the scheduled appointment. As well as:
a. Within 21 days of the entry of this Order Defendant will provide a statement of the reasonable charge for the (West Palm Beach Florida car accident Plaintiff’s) counsel taking a one hour deposition of the defense medical examiner at the medical examiner’s office.
b. The full and correct name of the defense medical examiner (or separate billing entity, i.e., payee), with the tax identification number so that Plaintiff can comply with tax code and regulation requirements for any payment made in taking the examiner’s deposition.
10. That no diagnostic test or procedure that is painful, protracted or intrusive will be allowed as set forth in the Court Rules.
11. That the (West Palm Beach Florida car accident Plaintiff’s) attorney will be permitted to intercept communications between the Plaintiff and the defense medical examiner, in the same manner as the (West Palm Beach Florida car accident Plaintiff’s) deposition were being taken if the communications are in violation of this order. Otherwise, the attorney will not involve himself in the examination.
12. Defendant’s attorney shall provide all pertinent information to the defense medical examiner.
13. That Plaintiff will not be required to give any oral history of the accident.
14. That Plaintiff will not be required to give any oral medical history not related to the areas of injuries claimed in this lawsuit.
15. That information that may be required by the Defense medical examiner may be obtained through the normal course of discovery.
16. That Plaintiff will not be required to sign any paperwork or fill out any paperwork at the defense medical examiner’s office, including “patient information forms” or “consent forms” or the like, since the Plaintiff is not a patient of the defense medical examiner’s office and is submitting to this examination only pursuant to Court Order and the requirements of the Court Rules. Further, Plaintiff will not have to bring anything to the examination.
17. That (West Palm Beach Florida car accident Plaintiff’s) counsel will be provided a copy of any and all reports and writings generated by defense medical examiners in this matter pursuant to the Court Rules, including, but not limited to, a copy of a detailed written report, setting out any history obtained, examination, findings (including the results of all tests made, diagnoses, prognoses and conclusions of the examiner, all record review reports, a copy of all reports of earlier examinations of the same condition of the examinee made by that of any other examiner).
18. Throughout the litigation, the evaluation and the examiner will be called and referred to as a defense medical evaluation and defense medical examiner respectively; and the term “independent medical evaluation” and/or “independent medical examiner” will not be used in the report, orally in a deposition, or at trial.
IT IS SO ORDERED.
___________________________
Circuit Court Judge
Approved as to form and substance:
_________________________________
Attorney for Plaintiff
_________________________________
Attorney for Defendant