What is a Defense Medical Exam & Must I Have One?

When you have filed a personal injury lawsuit seeking compensation for your injuries, you need to provide proof of the extent of your injuries and losses.  The attorney for the person or company you have accused of harming you may not be satisfied with the medical evidence you submit. The defense may want you to undergo an examination done by a doctor of their choosing so they can get a better assessment of whether you are exaggerating your injuries or you have legitimately been hurt as badly as you claim.

This exam, known as a defense medical exam, may be requested in a personal injury case under certain circumstances.

When Will You Be Required to Undergo a Defense Medical Exam?

California Code of Civil Procedure Section 2032.220 explains when a plaintiff in a personal injury claim may be required to undergo a medical examination: “In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied.”

The first condition is that the exam the defense wants you to undergo does not include any procedures or diagnostic tests that are painful, intrusive, or protracted.  The second condition is that the exam must be conducted at a location that is within 75 miles of where you are located.

When a defendant demands you undergo a defense medical exam, the demand must specify the time and place of the exam, the conditions of the exam, the nature and scope of the exam, and the manner in which the exam will be conducted.  The defendant also must provide details about the licensed physician who will be performing the exam, including that physician’s speciality.  The date of the exam must be at least 30 days after the plaintiff is served with the demand.  The defendant has the obligation to follow formal rules for service of process to serve a copy of the demand upon the plaintiff.

If you have received a request to undergo a defense medical exam, you must respond with a written statement saying you will comply as requested, or that you will comply if certain modifications to the demand are met.  If you do not intend to comply, you must provide a written response saying you refuse and specifying the reasons why you will not undergo the exam.

Getting Help from a Long Beach Accident Lawyer

Your Injuries are Personal to Me

You need to understand your rights if you are asked to undergo an exam.  A Long Beach accident attorney can help you to determine if the defendant’s request is legitimate under the law and can help you to respond if you wish to refuse to undergo the exam.

The Law Office of Michael D. Waks provides representation to victims of personal injury accidents.  I have helped many clients successfully pursue a lawsuit and to protect their rights throughout the process of seeking personal injury damages.  Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation.