The Defense Physical Exam is Not an Interrogation: Attorney Clifton Smoot Authors Plaintiff Magazine Article

A defense doctor is not entitled to an oral history from the plaintiff. In his Plaintiff magazine article “The Defense Physical Exam (Medical Exam) is Not an Interrogation,” Attorney Clifton Smoot explains why a defense medical examiner is not permitted under Code of Civil Procedure section 2031.010 to interview the plaintiff during a Defense Physical Exam (DPE).

The Code of Civil Procedure does not permit defense’s “hired gun” doctors to collect an oral history during the examination-that is the point of deposition. More importantly, Smoot writes, having a defense doctor ask questions under the guise of obtaining a medical history can pose a serious hazard in litigation. The DPE occurs without counsel, court reporter, oath, or procedural safeguards. “Plaintiff’s counsel should begin negotiating fair limits of the DPE by serving timely objections to the DPE notice,” writes Smoot. “The objections should include one to the effect that plaintiff will appear on the condition that plaintiff gives no oral history during the examination. Plaintiff should agree to answer questions that reasonably relate to current symptoms or to the examination itself.”

Read full article.

How Can We Help You?

Fields marked with an * are required

Disclaimer Privacy Policy

Disclaimer: The use of the internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

This field is for validation purposes and should be left unchanged.