WHY AM I REQUIRED TO TAKE A DEFENSE MEDICAL EXAM?
Posted on Friday, January 1st, 2016 at 3:40 am
When you are injured in a personal injury accident, you must prove to the court that the accident resulted in “damages” including physical damages. To prove physical damages, we use medical records and expert testimony to establish that your injuries were sustained as a result of the other party’s negligent, careless, or reckless behavior. In order to verify your injuries, we provide the opposing party with copies of your medical records and we may present expert testimony at trial. The defendant has the right to take your deposition and the deposition of any witness we may use at the trial. However, the defendant also has the right to request that you submit to a defense medical exam.
What is a Defense Medical Exam?
California personal injury law provides that when a person or party is being sued in a personal injury case, that party may require the injured victim to submit to a medical examination referred to as a defense medical exam. However, the law stipulates that you are only required to submit to one defense medical exam only if both of the following conditions are met.
- The defense medical exam cannot include any diagnostic tests or medical procedures that are considered protracted, painful, or intrusive; and,
- The defense medical exam location must be within 75 miles of the person’s residence or location.
If the defendant in your personal injury lawsuit requests a defense medical exam, you must be served with notice of the exam at least 30 days prior to the date of the exam and the notice must provide details regarding the physician performing the exam, including the physician’s license information and medical specialty. The notice must also provide information regarding the scope and nature of the exam and information about how the exam is to be conducted.
By law, you have the right to contest the defense medical exam. You must submit a written consent to undergo the exam; consent to undergo the exam only if certain modifications are made; or, your refusal to submit to the exam and the reasons for your refusal. If you dispute the request for a defense medical exam, a hearing will be held to hear the arguments for and against the exam before the judge makes a final ruling. It is very important that you understand your rights regarding a defense medical exam before you file a California personal injury lawsuit.
Understand Your Rights Regarding a Defense Medical Exam
Even though the opposing party requests a defense medical exam, you still have certain rights. If those rights are violated, you may be entitled to relief from the court.
Contact Tiemann Law Firm to discuss your personal injury claim and a request for a defense medical exam. We can walk you through the procedure of filing a personal injury claim regarding your accident and ensure that your rights are protected throughout the process.
Contact us online or call our toll free number at (916) 999-9000 to schedule a free consultation. We want to help you seek justice from the party responsible for your injuries.