A defense medical examination is a litigation procedure, not an appointment arranged to provide your treatment. The examiner evaluates issues for the defense. If you receive an examination demand, provide it to your attorney promptly so the scope, timing, examiner, and applicable procedures can be reviewed before the appointment.

Read the demand rather than relying on its label

California Code of Civil Procedure section 2032.220 addresses a defendant’s demand for one physical examination of a personal injury plaintiff under specified conditions. The statute identifies information the demand must provide, including the time, place, manner, scope, conditions, and examiner’s identity and specialty. Other examinations may require a different procedure or a court order.

The fact that a letter uses the phrase “independent medical examination” does not make the examiner your treating clinician or make every proposed test proper. Conversely, disagreeing with the defense does not permit you to ignore a valid demand or order. Counsel should address objections through the appropriate process.

Confirm the arrangements before attending

  • The examiner’s name and specialty, location, and scheduled time.
  • The body parts and issues within the agreed or ordered scope.
  • Any proposed testing and forms requested in advance.
  • Whether an authorized observer or recording will be arranged.
  • Necessary accessibility, interpreter, transportation, or scheduling issues.
  • How objections or unexpected issues should be handled during the examination.

Observation and recording require advance planning

Section 2032.510 addresses attendance by an attorney or representative and audio recording of a physical examination, subject to its requirements and limitations. It should not be treated as permission to secretly record any medical encounter or as a rule governing every mental examination. Review the particular procedure with counsel and make the arrangements openly and correctly.

Give an accurate medical history

Review the factual timeline so you can distinguish symptoms before and after the incident, treatment received, current restrictions, and improvements. Preparation should refresh your recollection, not produce a memorized account. Do not exaggerate symptoms, deny relevant prior conditions, or guess at a diagnosis.

If you cannot remember a date, identify that uncertainty. Explain how symptoms vary if they vary. Describing occasional pain as constant or denying an activity because you think it sounds unfavorable can create inconsistencies. Answer factual questions truthfully while following counsel’s guidance about the scope of the examination.

During and after the examination

Communicate if a maneuver causes pain or if you do not understand an instruction. Do not perform an activity beyond your ability merely to appear cooperative. If a proposed test or questioning appears outside the agreed scope, follow the procedure arranged with counsel rather than resolving the dispute through confrontation.

Afterward, make a factual note of the duration, people present, tests performed, unexpected events, and any forms signed. Provide it to your attorney. A disagreement with the examiner’s report can then be assessed against the medical records and what actually occurred, rather than a vague impression that the appointment was unfair.

State and federal cases are different

These California statutes address state court procedures. An examination in federal court is governed by applicable federal rules, orders, and circumstances. Do not apply a state court entitlement, notice period, or recording procedure automatically to a federal case.

Legal sources

Code of Civil Procedure section 2032.220; section 2032.510 (statutory text reproduced by Justia).

Discuss the facts of your claim

Weiss Attorneys can review the records and the legal questions raised by your situation. Learn about our related injury representation and this related claim guide.

Read Scarlett Farrokh’s attorney profile, request a consultation, or call (213) 583-0977. This article provides general California information. The applicable duties, deadlines, and available remedies depend on the particular facts.