Defense Medical Exams in California Injury Lawsuits

A letter arrives with a doctor's name, an appointment date, and instructions for a medical examination requested by the other side. You are already receiving care after a crash or fall. Why do you need another exam—and what should you do with the notice?

Send the entire notice to the lawyer handling your injury case promptly. The deadline to respond can arrive before the appointment. If you do not have a lawyer, seek legal help with the demand rather than ignoring it or agreeing to everything by phone.

For the immediate steps, use Received a Defense Medical Exam Notice?. This article explains the California state-court process for a defense physical examination, not workers' compensation exams, federal-court procedure, or every insurance-policy examination.

First ask which kind of examination this is

A treatment visit, a request under your own insurance policy, and an examination demanded in a lawsuit are different things. The label “independent medical examination” or “IME” does not tell you which rules apply.

Check who sent the request, whether it identifies a court case, and whether it cites a policy provision, a discovery demand, an agreement, or a court order. Discovery is the process parties use to obtain evidence in a lawsuit. Do not assume that every adjuster can use court-discovery rules before a lawsuit exists.

An examination arranged by the defense is for evaluating issues in the case; do not treat it as a substitute for care from your own provider. Keep treatment questions with your treating clinician. Do not change medication or treatment to affect the exam's appearance.

What a California physical-exam demand must identify

Code of Civil Procedure section 2032.220 permits a defendant in a personal-injury action to demand one physical examination through this procedure, subject to limits. It must be within 75 miles of the examinee's residence and cannot include diagnostic tests or procedures that are painful, protracted, or intrusive.

The demand must identify when and where the exam will occur, how it will be conducted, its conditions and scope, and the physician's identity and specialty, if any. “Come to this office” is not the whole statutory description.

That is not a universal one-exam ceiling or a rule that every other exam is forbidden. Section 2032.310 provides a court-permission process for other physical examinations and mental examinations. An agreement or court order also needs its own review. Do not apply the physical-exam observer rules below automatically to a psychological examination.

For someone living in Downey or elsewhere in Los Angeles County, the practical questions are concrete: Is this the right address? What body parts and procedures are listed? Are transportation, mobility, or language needs unresolved? Raise those issues early; do not assume a requested accommodation or schedule change has been approved.

The response date and exam date are not the same

Under section 2032.220, an exam demanded through that procedure is scheduled at least 30 days after service of the demand, unless the court shortens the period. Section 2032.230 separately provides for a written response within 20 days after service, with court-authorized changes to that period.

The response states whether the person will comply, comply with specified changes, or refuse for stated reasons. This is not a suggestion to send a blanket refusal. The correct response and deadline depend on the document, applicable service rules, agreements, and court orders. Have the actual deadline calculated; do not count from the day you happen to open the envelope.

Missing the response can waive objections under section 2032.240, although the statute provides limited court relief. A dispute can lead to a motion to compel and sanctions. Waiting until the appointment, or simply not attending, is not a safe way to raise an objection.

Save the envelope, email, attachments, and any proof of service. Tell your lawyer when you actually received them. Ask who will serve the response and whether any change has been confirmed in writing.

Who can attend or record a physical exam?

Section 2032.510 permits the examinee's attorney or that attorney's representative to attend and observe a discovery physical examination. An attorney's representative needs written authorization identifying that person. The observer may record the words spoken to or by the examinee through stenographic or audio methods, but must not participate in or disrupt the examination.

This is not a blanket right to bring any friend, film the room, or secretly record any medical appointment. Have your lawyer arrange the observer and permitted recording method beforehand. Discuss an interpreter or other access needs separately rather than assuming an observer can perform every role.

The statute addresses an observer's ability to suspend an examination for abusive conduct or unauthorized tests so a protective order can be sought. It also addresses disruption by an observer. Ask your lawyer before the appointment how concerns should be raised. If a movement hurts, say so accurately; do not push through pain to prove a point or exaggerate a limitation.

Prepare for accuracy, not a performance

Review the real injury timeline with your lawyer. Distinguish symptoms that existed before the incident, symptoms that began afterward, and changes over time. It is fine to say you do not remember a date. Do not invent precision or memorize a version that hides prior history.

Before the appointment, clarify:

• Which records or identification you should bring and how to handle forms presented on arrival.
• The agreed or ordered exam scope and any unresolved objections.
• Who is handling language or disability-access arrangements.
• Who to contact if the examiner, location, procedure, or paperwork differs from the notice.

Tell your lawyer about a problem attending before the exam, not afterward. Keep any confirmed rescheduling. Afterward, make a dated factual note of arrival and departure, the people present, forms provided, procedures you recall, and concerns you raised. Separate what you observed from what you inferred. Keep the note private for discussion with your lawyer, not a social-media post.

Ask about the report before demanding it yourself

Section 2032.610 provides a written-demand process for the detailed examiner report and specified earlier reports. Do not assume the report will automatically appear in your patient portal.

There is an important tradeoff: under section 2032.630, demanding and obtaining the report through the specified process can waive privilege and work-product protection concerning other practitioners' reports, writings, and testimony about the same condition. The statute also addresses certain examiner depositions. The waiver applies in the pending action and other actions involving the same controversy; it is not a blanket waiver of every unrelated medical record.

Ask your lawyer how to obtain and evaluate the report. If it contains a disputed statement, preserve the unchanged report and identify the exact issue separately. An examiner's opinion is evidence to evaluate, not a court judgment resolving the injury claim.

Get help with the actual notice

If you already have counsel, start with that lawyer. Send the entire packet and ask about the response date, scope, observer arrangements, and report process. Do not wait for an appointment reminder.

If you are not represented, Law Office of Arta Wildeboer offers personal-injury consultations for people in Downey, Southeast Los Angeles, and surrounding communities. For a free consultation, call (562) 608-8887 or contact the firm. Ask how to share the notice securely; avoid putting medical details in an initial website message.

Attorney Advertising. General information, not legal or medical advice. Contacting the firm does not create an attorney-client relationship. No outcome is promised.