Why Do I Have to Submit to a Medical Evaluation?
I am in a car wreck lawsuit. I received injuries to my back. Now, the defendant wants to have me evaluated by a doctor that the defendant's insurance company is going to hire. Can they do that?
Probably. If your medical well being is in question in a case the opposing party may request that you undergo a medical evaluation by a doctor of their choosing. That doctor will offer his or her opinion about the nature and extent of your injuries and the impact of those injuries on your later life. That doctor may disagree with your doctor’s opinion as to the nature and extent of your injuries, and the jury will hear from both doctors at trial.
This type of examination is known as a defense medical examination or a Rule 35 medical examination. (Rule 35 is the rule of court procedures that governs medical examinations.)
Your lawyer will be able to give you more details about the examination and whether or not you can avoid it under the facts of your case.
