Exams in injury lawsuits
Received a Defense Medical Exam Notice?
30-second answer
Save the whole notice, including the envelope or email. Send it to your injury lawyer promptly. The response may be due before the exam. Ask about the deadline, scope, and who may attend. If you have no lawyer, seek legal help rather than ignoring it.
Legal information from the Law Office of Arta Wildeboer · Updated
Do this now
- 1Save the notice, attachments, envelope, and any proof of service. Note when you received them.
- 2Send the full packet to your lawyer. Ask who will respond and what deadline applies.
- 3Check the examiner, place, time, and listed procedures. Flag anything unclear before the appointment.
- 4Raise language, mobility, transportation, or scheduling needs early. Ask your lawyer to arrange any observer or permitted recording.
- 5Keep written confirmations of changes. After the exam, privately note what happened and discuss concerns with your lawyer.
Avoid this
- Do not treat the appointment date as the response deadline or simply skip the exam.
- Do not assume any friend can attend or that video or secret recording is allowed.
- Do not hide prior symptoms, exaggerate limits, or sign unfamiliar forms without getting guidance.
Save these
- Complete notice and service information
- Response, objections, agreements, and court orders
- Examiner name, address, and contact details
- Written access and observer arrangements
- Forms received and confirmed schedule changes
- Dated notes of the exam and any later report
Common questions
Is this a treatment appointment?
A defense exam evaluates issues in the lawsuit. It does not replace your treating provider. A request under your own insurance policy may follow different rules. Do not change treatment to affect the exam.
Can I object?
There is a written response process for California discovery physical-exam demands. Ask about the grounds and deadline. Silence can waive objections; a blanket refusal is not a safe answer.
Can my lawyer attend?
For a discovery physical exam, California law permits your attorney or an authorized representative to observe without disrupting it. Mental examinations have different rules.
Will I automatically get the report?
Do not assume so. Ask your lawyer about requesting it. Demanding and obtaining the report can affect legal protections for other records about the same condition.
Want more detail?
Read the full explanation
Defense Medical Exams in California Injury LawsuitsOfficial resources
- California Code of Civil Procedure 2032.220: Physical examination demand (opens in a new window)
- California Code of Civil Procedure 2032.230: Response (opens in a new window)
- California Code of Civil Procedure 2032.240: Failure to respond (opens in a new window)
- California Code of Civil Procedure 2032.510: Observer (opens in a new window)
- California Code of Civil Procedure 2032.610: Reports (opens in a new window)
- California Code of Civil Procedure 2032.630: Report-demand consequences (opens in a new window)
Questions about your situation?
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