What are the limits on a defense medical exam in a Georgia injury suit?

· 3 min read

A defense medical examination is bounded, not open-ended. Georgia authorizes these exams under O.C.G.A. § 9-11-35, but the same statute and the court’s supervisory power keep them tethered to the actual dispute. The examination must connect to a condition genuinely in controversy, rest on good cause, and stay within limits the court can impose.

The statutory boundaries

Two threshold requirements cabin every defense exam. First, the condition to be examined must be in controversy, meaning the plaintiff has actually placed that physical or mental condition at issue in the case. Second, the requesting party must show good cause for the examination. A defendant cannot use § 9-11-35 to probe matters the plaintiff has not raised or to conduct a fishing expedition into unrelated health history.

When a court orders an exam, the order specifies the examination’s terms. That framework lets the judge define what the examiner may do, rather than handing the defense unlimited access to the plaintiff’s body or mind.

Practical constraints courts can set

Because the examination occurs under court supervision, several limits commonly come into play:

  • The exam must focus on the conditions the plaintiff has put in issue, not every aspect of their health.
  • The scope, type, and manner of the examination can be defined or narrowed by the court.
  • A protective order under § 9-11-26(c) can guard against an exam that would be oppressive, unduly burdensome, or harassing.
  • A plaintiff can object to an exam that is duplicative, invasive beyond what the claim requires, or designed to intimidate.

If a proposed examination strays beyond a legitimate need, the plaintiff’s recourse is to contest the motion or seek limiting conditions before the court orders it.

Why the limits matter

Without these boundaries, a defense exam could become a tool for harassment rather than a means of evaluating real disputes. The “in controversy” and “good cause” requirements, combined with the court’s authority to set the terms and the availability of a protective order, ensure that the examination serves its proper purpose: giving the defense a fair medical assessment of the specific injuries the plaintiff claims, and nothing more.

The bottom line

A defense medical exam in a Georgia injury suit is limited by § 9-11-35’s requirements that the condition be in controversy and that good cause be shown, by the court’s power to define the examination’s scope, and by the protective-order mechanism in § 9-11-26(c). These constraints keep the exam focused on the disputed injuries and prevent it from becoming a broad intrusion into matters the case does not concern.

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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