When a personal injury lawsuit puts a physical or mental condition in dispute, the other side may ask for an examination by a physician or, for a mental examination, a physician or licensed psychologist. People often call this an independent medical examination or defense medical examination. It is different from an ordinary appointment with a treating provider.
The examiner’s role is usually to evaluate the claimed condition for the litigation. The examiner is not automatically joining the person’s treatment team, making referrals, or managing ongoing care. That difference should shape how the injured person prepares for the appointment.
When a Georgia Court May Order the Examination
O.C.G.A. § 9-11-35 applies when the physical or mental condition of a party, or a person within a party’s custody or legal control, is in controversy. The court may order an examination only on motion, for good cause shown, and after notice to the person to be examined and the parties.
The order must specify the time, place, manner, conditions, and scope of the examination and identify the examiner or examiners. Those details matter. An examination request is not a blank check to change the appointment conditions or expand the evaluation without addressing the order and applicable procedure.
What the Examination May Include
The scope depends on the condition being disputed and the court’s order. A physical examination may include medical history questions, a description of current symptoms, range-of-motion or strength testing, observation, and review of relevant imaging or records. A mental examination may involve different testing and interview procedures.
The injured person should ask counsel in advance what is authorized, what materials to bring, how long the appointment may take, and whether any special condition has been requested. Questions about recording, a companion, testing, travel, or other logistics should be resolved before the appointment when possible.
How to Prepare
- Read the order or written agreement with your lawyer. Confirm the date, time, location, examiner, and scope.
- Review your medical history. Be ready to distinguish earlier conditions from symptoms that began or changed after the incident.
- Bring only the records, imaging, identification, medication list, or forms that counsel confirms are required.
- Plan enough travel time. A missed appointment can create cost and case problems.
- Answer accurately. Do not exaggerate a limitation, and do not minimize symptoms because you want to appear cooperative.
- Describe function in concrete terms. Explain what you can do, what you cannot do, and what causes pain without rehearsed speeches.
The Written Report
Georgia law provides a process for obtaining the examiner’s detailed written report. If requested by the examined person or the party against whom the order was made, the party who arranged the examination must deliver a report stating the findings, test results, diagnoses, and conclusions, along with similar reports of earlier examinations of the same condition.
The statute also addresses reciprocal report disclosure and privilege consequences. Requesting and obtaining the report, or taking the examiner’s deposition, can affect privilege regarding other examinations of the same condition in the action or another action involving the same controversy. This is one reason counsel should decide how and when to request reports.
After the Appointment
Write down the appointment start and end times, the tests performed, important questions, and anything that appeared outside the expected scope. Do not post about the examination on social media. Share the factual account with your lawyer, who can compare it with the order and later report.
Preparation Protects Accuracy
An independent examination can become important evidence. The safest preparation is not a script. It is an accurate medical history, a clear understanding of the order, and timely communication with counsel about the appointment conditions.
If you are involved in a Georgia injury lawsuit and received a request for a physical or mental examination, call Gunn Law Group at 888-BIG-GUNN to discuss your situation.
Attorney advertising. This article provides general information and is not legal advice. Every case is different. Past results do not guarantee future outcomes.
Legal reference
O.C.G.A. § 9-11-35.
