In any personal injury case in which your physical or mental condition is in controversy, the court may order an "independant" examination upon a showing of "good cause."

Here is the rule:

Rule 4:10 of the Surpreme Court of Virginia

(a) Order for Examination. When the mental or physical condition (including the blood group) of a party, ,,, the court in which the action is pending, upon motion of an adverse party, may order the party to submit to a physical or mental examination by one or more health care providers... 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, shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made, and shall fix the time for filing the report and furnishing the copies.

Recently we got a call from an insurance defense attorney telling us that she had "decided", based no a "phone call" with "one of her doctors" to schedule our client for a psychiatric examination. We told her she didn't get to "decide" and that besides, a "psychiatric examination" is rather vague when compared to the strict requirement of the rule.

She was miffed that we were going to actually make her follow what the rules say. Insurance companies and their lawyers don't get to just "schedule and appointment for your client" in Virginia


Ben Glass
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Ben Glass is a nationally recognized car accident and ERISA disability attorney in Fairfax, VA.
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