Chapter 2 - 2.10 Physical And Mental Examinations
| Jurisdiction | Virginia |
2.10 PHYSICAL AND MENTAL EXAMINATIONS
Rule 4:10 of the Virginia Supreme Court permits the examination of a party when the mental or physical condition of the party is in controversy. There are a host of objections that may be made to these types of examinations.172 The Virginia Trial Lawyers' Association has a collection of orders from around the state that can be accessed by members.173
One objection that may be overlooked is whether the medical expert is a "health care provider." For example, if the medical examiner in a traumatic brain injury case requests to have a certified autism examiner present on the grounds that the examiner suspects that the child has autism as opposed to a brain injury:
Objection: Rule 4:10 says that the...
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