Can my lawyer attend a defence medical examination in my California injury lawsuit?

For a physical examination conducted as part of civil discovery, California Code of Civil Procedure section 2032.510 permits your lawyer or their authorized representative to attend and observe. The provision also allows spoken words during the examination to be recorded by audio or stenographic means. The observer may monitor the examination but must not participate in or disrupt it. This examination is arranged to assess disputed issues in the lawsuit; it does not replace treatment from your own medical providers.

Send your lawyer the examination demand as soon as you receive it so they can review its scope, timing and any objections, and discuss arrangements for an observer. Confirm those arrangements before the appointment rather than assuming a friend can attend or that you may make any type of recording. Explain your symptoms and treatment history accurately and report concerns to your lawyer. Different rules can apply to mental examinations. The firm’s guide to personal injury litigation explains where discovery fits in the wider case.