Is a doctor permitted to conduct a physical examination of a plaintiff without consulting an attorney?

California, United States of America


The following excerpt is from Munoz v. Superior Court, 102 Cal.Rptr. 686, 26 Cal.App.3d 643 (Cal. App. 1972):

In Sharff v. Superior Court, 44 Cal.2d 508, 510, 282 P.2d 896, 897, it was held that 'Whenever a doctor selected by the defendant conducts a physical examination of the plaintiff, there is a possibility that improper questions may be asked, and a lay person should not be expected to evaluate the propriety of every question at his peril. The plaintiff, therefore, should be permitted to have the assistance and protection of an attorney during the examination. (Citation.)'

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