Q: For a year, my boss at work was harassing me. It got so bad that I filed a police report. Now I have a lawsuit against him and the company. They have demanded a mental exam. Isn’t that just more harassment?
T.B., Chino Hills
A: The California statute on point provides that a mental examination of a party may be ordered when his or her mental condition is placed in controversy in a civil case [CCP Section 2032.020(a)]. Unless the parties agree, leave of court is required to request such an exam, and there has to be a showing of good cause [CCP Sections 2032.310(a) and 320(a)]. Good cause may well be found if you have said that as a result, you suffered mental anguish and/or emotional distress. In sum, if you put your mental state into issue, you may well have to undergo the exam.
Hence, my thought is that you sit down with your lawyer and discuss what it means to have a mental exam by the other side. Ideally, you knew going into your lawsuit that a mental exam could be required. Learn what kind of questions may be asked, and whether there will be testing of some kind (for example, multiple choice). Other inquiries include how long will the exam will take, can it be recorded or videotaped and can your lawyer be there? Note that a report will likely be issued, which your lawyer can review and challenge. And you should no doubt have your own expert to explain the severity of your anguish caused by the former boss’s misconduct.
Q: Just what is an independent medical exam? I have serious injuries caused by a bad driver who went through a red light. Now, as part of the lawsuit, do I have to go to their doctor’s office to be examined?
N.D., Newport Beach
A: It is not uncommon in personal injury cases, particularly where significant monies are sought, that the injured party is required to undergo an independent medical exam conducted by the doctor selected by the other side. At the risk of sounding a bit cynical, the word “independent” is a bit of a…
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