What a Defense Medical Exam Is and What to Expect
The insurer’s doctor
Once an injury case becomes a lawsuit, the defense will usually ask to have you examined by a doctor it chooses and pays. It is often called an “independent medical examination.” It is not independent. It is a defense medical examination, and the doctor’s report will be used to argue that your injuries are smaller, older or less related to the crash than your own doctors say.
That does not make it something to fear. It is a normal part of a case, and with preparation it usually goes fine.
What California allows
California sets limits on the exam. In a personal injury case, a defendant can demand one physical examination without asking the court’s permission, but only within limits (Code Civ. Proc. § 2032.220):
- The exam cannot include any test or procedure that is painful, protracted or intrusive
- It has to take place within 75 miles of where you live
- The demand has to say in advance when and where it will be, what it will cover, and who the doctor is
Anything beyond that, such as a second exam or a more invasive one, generally requires the defense to ask the court.
Your attorney, or a representative your attorney authorizes in writing, can attend and observe the exam, and can audio-record what is said to you and by you (Code Civ. Proc. § 2032.510). The observer cannot interfere with the exam, but the doctor knows someone is watching.
What to expect
The exam is usually shorter than a visit to your own doctor. The doctor will ask about your history, the crash and your symptoms, and do a physical examination of the injured areas.
Remember that this doctor is not treating you. Nothing said is confidential, and the purpose is to produce a report for the other side.
How to handle it
- Be on time, and be polite. The doctor will note your demeanor.
- Be honest and consistent. Describe your symptoms the way you have described them to your own doctors.
- Do not exaggerate, and do not minimize. “I’m fine” said out of habit ends up in the report.
- Answer the questions asked. You do not need to volunteer more.
- Be honest about prior injuries. The defense almost certainly has your records already. Read what happens at a deposition for the same principle.
- Expect to be watched. Observation often starts in the waiting room and the parking lot, and covers how you walk, sit and get up.
- Write it down afterward. As soon as you leave, note how long the exam lasted, what was asked, and what tests were done.
Your lawyer will prepare you before the exam and will review the doctor’s report when it comes in.
Talk to Boyd
If you have been asked to attend a defense medical exam, call before you schedule it. The consultation is free, and Boyd takes the call himself: (714) 656-2400.