Can the defense force me to attend a medical exam with their doctor in Georgia?

· 3 min read

The defense cannot order an exam on its own, but it can ask a court to require one, and Georgia courts have the power to compel it. Under O.C.G.A. § 9-11-35, when a plaintiff’s physical or mental condition is in controversy, the court may order that person to submit to an examination by a physician on a showing of good cause. The defense’s wish alone is not enough; a court order is what makes attendance mandatory.

How the requirement actually arises

The path to a compelled exam runs through the judge. The defending party files a motion describing why an examination is needed, identifying the conditions at issue and explaining the good cause for the request. Because a plaintiff who sues for bodily injury has put their physical condition in controversy, courts often find the threshold met. If the court grants the motion, it enters an order specifying the examination, and at that point the plaintiff is generally obligated to attend.

So the accurate picture is this: the defense cannot “force” an exam by demand, but once a court orders one under § 9-11-35, refusing to comply is no longer a free choice.

What happens if a plaintiff refuses

Ignoring a valid order to be examined carries consequences. Georgia’s discovery rules allow sanctions when a party disobeys an order compelling discovery, and an exam ordered under § 9-11-35 fits within that framework. Depending on the circumstances, a court confronted with refusal might:

  • Bar the plaintiff from offering certain evidence about the disputed condition.
  • Treat designated facts as established against the refusing party.
  • Impose other sanctions appropriate to the disobedience.

These tools mean that defiance of a properly entered order can damage the very claim the plaintiff is trying to prove.

Conditions the court can attach

A compelled exam is not a blank check. The order itself can define the scope, and the examination must stay tied to the conditions actually in controversy. A plaintiff who believes a requested exam is excessive can contest the motion or seek limits before the court rules, rather than simply skipping the appointment.

The bottom line

In Georgia, the defense cannot unilaterally force a plaintiff to see its doctor, but a court can order an examination under § 9-11-35 when the plaintiff’s condition is in controversy and good cause is shown. Once that order exists, attendance is required, and refusing it can lead to sanctions that undermine the claim. The time to object is before the order issues, not after.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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