CHAPTER 12 - 12-7 Number of Examinations

• Jurisdiction: United States

12-7 Number of Examinations

Texas Rule 204 does not limit the number of independent medical examinations that may be ordered. Whether multiple examinations are appropriate depends upon the case's facts.⁸² "Courts have found that a second examination is justified when: (1) 'separate injuries call[] for examination by distinct medical specialties'; (2) 'a physician requires assistance of other consultants before he can render a diagnosis'; (3) the first examination was inadequate or incomplete; or (4) there has been a 'substantial time lag . . . between the initial examination and the trial.'"⁸³

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Notes:

^[82] Cf. Louviere v. W&T Offshore Inc., No. 6:16-cv-00724, 2017 U.S. Dist. LEXIS 189097, at *2 (W.D. La. Nov. 15, 2017) ("[Federal] Rule 35 does not...