It is an exam by a doctor chosen by the defense. In a Texas lawsuit, the defense generally needs either your agreement or a court order, and a court can order one only for good cause when your physical or mental condition is in controversy. The doctor is not your treating physician.
The name is misleading. The doctor is usually selected and paid by the insurance company or the defense, and the purpose is to evaluate your injury for the case, not to treat you.
Texas courts control when one can be required. Under Texas Rule of Civil Procedure 204.1, a party may ask the court to order a physical or mental examination by a qualified physician or a mental examination by a qualified psychologist, but the court may order it only for good cause and when the condition is in controversy. The motion must be made at least 30 days before the end of the discovery period.
Your lawyer can negotiate the conditions: the time and place, how long the exam lasts, what tests will be done, and whether anyone may attend or record it. Be on time, be polite, and answer honestly, but do not exaggerate or minimize your symptoms.
Expect the report to favor the defense. These doctors often conclude that an injury was preexisting, has healed, or does not need the recommended treatment. The answer is strong medical evidence from your own doctors and a consistent treatment record.
The exam itself is usually shorter than a typical doctor visit. The doctor may review your records, ask about your history and symptoms, and perform a physical examination. Answer questions about your symptoms honestly and specifically, and tell the doctor if any test causes pain.
If the examining doctor’s report misstates your history or the exam, your treating doctors and your own testimony can respond. In a lawsuit, the defense doctor can also be deposed, and their report can be challenged with the records and with questions about how often they work for insurers.
Do not attend an exam requested by the other driver’s insurer before talking to a lawyer. Owsley Law Firm handles these requests, prepares clients for the exam, and charges no fee unless it wins.
Workers injured on the job can face a similar exam under the workers’ compensation system, which has its own rules. If your crash happened while you were working, your case may involve both a workers’ compensation claim and a claim against the at-fault driver, and each has its own exam and records process.
Mental examinations have a separate rule. Rule 204.1 allows a mental examination by a psychologist to be ordered in specific circumstances, including when the responding party has designated a psychologist as a testifying expert or disclosed a psychologist’s records for possible use at trial. Claims for emotional injury should be planned with that in mind.
Before a lawsuit is filed, no court order exists, so a defense exam usually happens only by agreement. Insurers sometimes ask for one during negotiations. Whether to agree, and on what conditions, is a decision to make with your lawyer.
Keep a record of the exam. Note when it started and ended, what tests were done, and what you were asked. That record helps your lawyer respond if the report misstates what happened.
Your treating doctors’ opinions carry weight because they have followed your care over time. Consistent treatment and clear records make it easier to answer a defense exam report.
Mistakes that cost people money
- Attending an exam the other insurer requests before talking to a lawyer.
- Downplaying pain to appear tough, or overstating it.
- Discussing the crash in more detail than the examining doctor needs.
Related questions
Can I bring someone to the exam?
It depends on the court order or the agreement between the lawyers. Your lawyer can request conditions in advance.
Do I have to go if my own insurer asks?
Your own policy may require cooperation with a medical exam for certain benefits. Check the policy and talk to your lawyer.
Will I get a copy of the report?
In a lawsuit, the report is typically exchanged in discovery, and your lawyer will review it with you.
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