What are Defense Medical Examinations in Las Vegas, Nevada and What Can I Expect During the Examination?

Defense Medical Examinations happen in Las Vegas, Nevada personal injury court cases. It is important to note that Defense Medical Examinations only take place when the insurance company refuses to settle and you are forced to go to court to enforce your rights. When a Defense Medical Examination does take place, clients have questions concerning what they can expect in the process. Today’s discussion will hopefully answer some of your questions concerning the process. 
 
When you are injured an accident and now are having long term health effects, the insurance company for the at-fault party will sometimes want their doctor to examine you.   This is called a Defense Medical Examination. The rule governing Defense Medical Examinations is set forth in the Nevada Rules of Civil Procedure (“NRCP”), Rule 35:
 
RULE 35.  PHYSICAL AND MENTAL EXAMINATION OF PERSONS

      (a) Order for Examination.  When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a suitably licensed or certified examiner or to produce for examination the person in the party’s custody or legal control. The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.
 
      (b) Report of Examiner.
              (1) If requested by the party against whom an order is made under Rule 35(a) or the person examined, the party causing the examination to be made shall deliver to the requesting party a copy of the detailed written report of the examiner setting out the examiner’s findings, including results of all tests made, diagnoses and conclusions, together with like reports of all earlier examinations of the same condition. After delivery the party causing the examination shall be entitled upon request to receive from the party against whom the order is made a like report of any examination, previously or thereafter made, of the same condition, unless, in the case of a report of examination of a person not a party, the party shows that the party is unable to obtain it. The court on motion may make an order against a party requiring delivery of a report on such terms as are just, and if an examiner fails or refuses to make a report the court may exclude the examiner’s testimony if offered at the trial.
              (2) By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the party examined waives any privilege the party may have in that action or any other involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine the party in respect of the same mental or physical condition.
              (3) This subdivision applies to examinations made by agreement of the parties, unless the agreement expressly provides otherwise. This subdivision does not preclude discovery of a report of an examiner or the taking of a deposition of the examiner in accordance with the provisions of any other rule.


Before a Defense Medical Examination can take place, there must be a court order or an agreement between your personal injury attorney and the insurance company’s defense attorney, that the examination will take place. Most of time, the parties will simply agree to the Defense Medical Examination, if you are still suffering from the effects of the accident at issue. This is due to the fact, that when you are claiming ongoing pain and injury, the court is almost always going to order that you undergo a Defense Medical Examination.
 
Prior to the examination, you will know the name and address of the doctor performing the examination. The examination will take place at a date and time that is convenient with your schedule. Once it is scheduled and you appear for the examination, the defense doctor will perform a physical examination of the areas that have been injured in the accident. The doctor will also review your accident related medical records.

Once the examination is over, the doctor will prepare a report of his findings as to whether he thinks you are injured and if those injuries were caused by the accident at issue. The report will be given to the insurance company’ s lawyer as well as your personal injury attorney. Your attorney will then meet with you to discuss the defense doctor’s findings.  Of course, no matter what the defense doctor thinks, your accident treating physicians will still provide their own opinions of your injuries. This is just one part of the process in a Las Vegas, Nevada court case. As with all parts of the process, your personal injury attorney will be with you every step of the way.

Next time, we will discuss Depositions in Las Vegas, Nevada Court cases.