The defense medical examination
At some point after suit is filed, the defense is entitled to have you examined by a doctor of their choosing. It is usually called an independent medical examination. Understanding why that name is misleading is the most useful preparation there is.
What it is, plainly
The defense has a right, in California, to a physical examination of a plaintiff whose physical condition is in controversy, on proper notice and subject to conditions in the Code of Civil Procedure. The examining doctor is retained and paid by the defense.
- They are not your doctor. No doctor-patient relationship is formed, and nothing you say is confidential.
- They are not treating you. They will not prescribe anything, order treatment, or follow up.
- The product is a report for the defense, and the usual conclusions are that you have recovered, that your condition is degenerative rather than traumatic, or that the treatment you had was excessive.
- Many of these doctors do this work frequently, and the volume of their defense work and their history of prior opinions is a legitimate subject for cross-examination.
None of this makes the examination improper. It is a normal part of litigation. It simply is not what the name suggests.
Your rights
- Proper notice of the time, place, identity and speciality of the examiner, and the manner, conditions, scope and nature of the examination.
- Scope limits. The examination is confined to the condition in controversy. A knee injury does not open a general physical.
- No painful or invasive procedures without agreement or a court order.
- You may record the examination in California, and an attorney or representative may generally attend a physical examination. Discuss both with your attorney in advance.
- A copy of the report on request, subject to the exchange rules.
How to approach the day
- Be honest and be consistent. Your account here will be compared with your medical records and your deposition. Consistency is the entire game.
- Do not exaggerate. Some examiners use validity tests designed to detect inconsistent effort, and an exaggerated presentation damages a genuine injury more than the injury itself ever could.
- Do not minimize either. The instinct to be stoic in front of a doctor is strong, and it produces a report saying you were in no distress.
- Answer medical questions; be careful with the rest. Questions about how the collision happened, or about other claims, are not medical history.
- Note the details. How long the examination took, what was actually done, who else was in the room. Reports sometimes describe tests that a ten-minute appointment could not have included, and a contemporaneous note of the timings is a powerful thing to have.
- Arrive and behave normally. Assume observation begins in the parking lot, because it sometimes does.
Questions people ask
Do I have to attend?
If you have put your physical condition in issue by bringing the claim and the examination is properly noticed, generally yes. Refusing without good reason can lead to sanctions. The conditions and scope can be negotiated or limited by the court.
Can I bring someone with me?
In California an attorney or representative may generally attend a physical examination, and you may record it. Both are worth discussing with your attorney beforehand, because an observer and a recording substantially improve the accuracy of what is later reported.
The doctor was dismissive and barely examined me.
Write down exactly what happened and how long it took as soon as you leave — the start and end times, which tests were actually performed, what was said. If the subsequent report describes a more thorough examination than took place, that contemporaneous note becomes extremely useful.
Related
Reviewed October 2026 by Simon Aziz Budhwani, Esq., the attorney responsible for this site. Legal statements here name the California code section they rely on, so you can check them rather than trust them. This is information about the law in general, not advice about your situation.
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