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Civil Procedure • Discovery
CIVPRO#056
Legal Definition
In personal injury cases, a defendant has a right to demand one physical examination of the plaintiff.
Plain English Explanation
In California personal injury cases, if someone is suing for physical harm, the person being sued (the defendant) has the right to ask for a physical examination of the person bringing the lawsuit (the plaintiff).
This rule makes sense because, in a personal injury case, the plaintiff’s physical condition is often a key part of the lawsuit. The defendant needs a fair chance to verify the injury claims and ensure that the injuries are being accurately represented. So, the law allows the defendant to request one physical exam by a doctor of their choice.
However, this is not an unlimited right. The defendant can't demand multiple exams or examinations beyond what the court allows unless there are special circumstances that justify more. The goal here is to balance the defendant's need to check the injury claims without overburdening the plaintiff.
This rule makes sense because, in a personal injury case, the plaintiff’s physical condition is often a key part of the lawsuit. The defendant needs a fair chance to verify the injury claims and ensure that the injuries are being accurately represented. So, the law allows the defendant to request one physical exam by a doctor of their choice.
However, this is not an unlimited right. The defendant can't demand multiple exams or examinations beyond what the court allows unless there are special circumstances that justify more. The goal here is to balance the defendant's need to check the injury claims without overburdening the plaintiff.
