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Personal Injury Cases: Your Rights During a Medical Exam

If you are the plaintiff in a personal injury lawsuit, it is to be expected that the defendant will ask that you see a doctor chosen by the defendant’s side for a physical examination. Because the Rules of Civil Procedure allow for the defense to conduct its own medical examination, you will need to go and see the doctor. Although you are obliged to submit to the examination itself, you do have other rights in relation to it. Your Orange County personal injury lawyer will be able to tell you what to expect as well as what you should ask and do.

The type of physical examination to which you must submit does not include all types of tests. By submitting to the exam, you do not forfeit your right to refuse injections, x-rays, rectal exams, CT scans, MRIs, or fMRIs. You do not have to submit to blood work or any other scenario where you will be poked with a pin or needle so as to draw blood. You also have the right to be examined while wearing a gown.

Since the doctor that you will be seeing was hired by the defense and not your Orange County injury attorney, you should not expect for the doctor to take your side or otherwise assist you in any way. It is, however, reasonable to expect the doctor to treat you with common courtesy and respect. Unprofessional conduct by the doctor is not to be tolerated and should be described in a letter that you would write to your Orange County personal injury lawyer.

If you have been injured and are considering legal action, contact Orange County personal injury lawyer  Samer Habbas today for a free consultation.


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Our firm is well experienced in injury matters and we understand the difficult time you are going through. We will guide you through the process and fight for you and your family to get the compensation you deserve.

Samer Habbas