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Home > Accident Attorney > WHY AM I REQUIRED TO TAKE A DEFENSE MEDICAL EXAM?

Written by Jelena Tiemann and Peter B. Tiemann

Last Updated : January 14, 2022
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Posted on Friday, January 1st, 2016 at 3:40 am    

Categories: Accident Attorney, Accident Injury, Attorney At Law

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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.

  1. The defense medical exam cannot include any diagnostic tests or medical procedures that are considered protracted, painful, or intrusive; and,
  2. 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.

Client Testimonials

Michael T. Testimonial
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I sat down and met with Jelena Tiemann about my vehicle accident.I presented all of my documentation to her in which she gave me her assessment.Although the Tiemann Law Firm wont be representing me because my settlement offer was pretty good she was very clear,forward and professional about what she felt could and couldn't be done.I recommend this law firm to anyone who needs a helping hand at fighting a case where you don't have to worry about the outcome not going in your favor. Please don't review this business if you received a freebie for writing this review, or if you're connected in any way to the owner or employees.

Herb T. Testimonial
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The Tiemanns were referred to me by a friend and I am exceptionally happy with the service I received. I had never been in an accident before. I had no idea what to do. Jelena verbally explained how everything would work to me, and she and Peter handled everything. I didn't have to lift a finger once. They went above and beyond for me and I am extremely grateful. I pray I won't ever need this type of assistance again, but I will definitely be referring them to friends and family.

Star Fire Testimonial
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It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Jennifer T. Testimonial
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I highly recommend The Tiemann Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

Hanna P. Testimonial
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From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!