Exam 14: Medical Examinations and Records

Courts do not allow the defendant to cross-examine the plaintiff about his or her refusal to submit to tests recommended by the independent examiner.

Courts are disinclined to impose specific limitations on the scope of inde- pendent medical examinations.

The rules of evidence presume that patients are not candid with their physi- cians when they seek medical treatment.

An independent examiner may be expected to be more skeptical about the plaintiff's accident history, prior medical history, subjective complaints, and symptoms than is a treating physician.

Is the plaintiff required to pay for a copy of the independent medical exami- nation report prepared by the defendant's examiner?

DEFINE -past medical history

A rule of thumb is that if the plaintiff's injuries are minor, it is best to obtain an independent medical examination ; if the injuries are serious, it is best to obtain the examination .

How many independent medical examinations may a party request?

What may the court not do if a party refuses to submit to a medical examina- tion, in spite of a court order finding that good cause has been shown?

The defendant must ordinarily pay the expenses the plaintiff incurs in traveling to and from the place of the examination.