Physical or Mental Examination | Practical Law

Physical or Mental Examination | Practical Law

Physical or Mental Examination

Physical or Mental Examination

Practical Law Glossary Item w-041-1157 (Approx. 4 pages)

Glossary

Physical or Mental Examination

In the discovery phase of a lawsuit where the mental or physical condition of a party (usually the plaintiff) is in controversy, an opposing party's physical or mental examination of that party, as conducted by a suitably licensed or certified examiner (for example, Federal Rule of Civil Procedure 35; Cal. Civ. Proc. Code § 2032.020(a); N.J. R. 4:19; CPLR 3121). Physical or mental examinations typically occur in personal injury, products liability, and medical malpractice actions. A party generally notices the examination to evaluate and, in appropriate instances, challenge or rebut the plaintiff's alleged physical or mental condition.
Courts call the examination an independent medical examination (IME) or a defense medical examination (DME) (for example, Mager v. Wis. Cent. Ltd., 924 F.3d 831, 834 (6th Cir. 2019) (IME); DiFiore v. Pezic, 254 N.J. 212 (2023) (DME)). It is common for defense counsel to refer to the examination as an IME to emphasize the examiner's purported independence, whereas plaintiff's counsel commonly refer to it as a DME to signal that the examiner is retained by the defense.
For resources on physical or mental examinations in federal court, see Physical and Mental Examinations Toolkit (Federal).