Third-Party Representative to attend and observe DMEs, audio record mental examination and prevent inappropriate DME history

The Code of Civil Procedure for Physical and Mental Examination indicates that the plaintiff attorney may designate a third party representative who shall be permitted to attend and observe any physical examination conducted for discovery purposes, and to record stenographically or by audio technology any words spoken to or by the examinee during any phase of the examination. Also, see the article below discussing that a mental examination may be audio recorded under Code of Civil Procedure Section 2032.530(a)–“Defense Medical Examinations Are Not Independent.”

As a Defense Medical Examination nurse observer, I’ve found the following articles useful and I have obtained reprint permission for most of these. Please contact me so I may provide you with copies of those articles that I have reprint permission for.

Gelder, Alan Van. “Defense Medical Exams in Brain-Injury Cases.” Advocate Magazine.

Summer, Scott H.Z. & Lateiner, Jeremy N. “Keeping it Physical—Enforcing the Discovery Act Limitations of Scope of Discovery in Defense Physical Examinations: Oral Examination or History Taking is Not a Proper Component of CCP Section 2032.220 Examinations.” Consumer Attorneys of California Forum.

Blumberg, John P. “Defense Medical Examinations are Not Independent.” Consumer Attorneys of Los Angeles Advocate Magazine. Discusses the nurse observer role. Reviews that counsel may designate an attorney representative to attend and observe a DME.

Dolan, Christoper B. “Tactical Expert Containment.” Consumer Attorneys of California Forum. “In today’s litigation, the ‘expert’ has become the staple the bread and water of the defense case. To survive, and win, you must understand the tactical approach to expert witnesses at trial.”

Good, Ned. “Preparing for the Defense Medical Exam.” Consumer Attorneys of Los Angeles Advocate Magazine. Exploring the real purpose of a defense medical examination.

Menzies, Karen B. & Drake, Roger. “Defense Medical Exams (DMEs) Practical Way to Limit Physical and Mental Examinations.” Consumer Attorneys of California Forum.

Archer, Steven & Luftman, Amanda. “A Practical Guide to Code of Civil Procedure Section 2032: Taking Control of Defense Medical Examinations.” Consumer Attorneys of Los Angeles Advocate Magazine. Discusses that counsel may designate a third-party representative to attend and record the examination. Reviews assuring that the examination is restricted to the scope of the issue or injury “in controversy” in the litigation, and preventing improper questioning by the examiner.
Kapp, Howard A. “Important Limits on Defense Medical Exams.” Consumer Attorneys of Los Angeles Advocate Magazine. “The 1986 revision of the Discovery Act, especially the redrafted Code of Civil Procedure section 2032, provides powerful and cost-effective methods for materially limiting the nature and scope of almost all defense medical examinations. Most importantly, the typically unnecessarily invasive and shotgun ‘medical history by the defense doctor is no longer permitted.”

Olff, Edward P. D.C. “Reconstructionist in the M.I.S.T.” Consumer Attorneys of California Forum. “An accident can be reconstructed to determine liability and/or cause which is the reason for accident reconstruction, and the reason it was developed in the first place. To determine the injuries to the occupants you are going to need more than the delta-V and the acceleration. Conversely, you cannot merely look at a slightly scraped and damaged bumper and determine that the occupants could not have been injured. Worse yet, is to look at a vehicle with $700 damage and suggest that the occupants could not have been hurt because the damage is under $1000.”

Kapp, Howard A. “Prohibiting Medical Histories During Defense Medical Exams and Other Fancy Stuff.” Consumer Attorneys of California Forum. “Over 10 years ago, I published an article, 1 in which I argued that the defense had no right to request a so-called "medical history" that is, a thinly disguised quasi-deposition during a defense medical examination (DME).”

Contact me now to schedule attendance at your client's DME anywhere in Los Angeles County, Orange County, and throughout Southern California.

How Do You Schedule Nurse Observer Independent Medical Examination
Attendance Services?

All I need is for you to send me an email with the following:

  • Date and time of appointment
  • Name of retaining attorney
  • Name of client
  • Name of doctor
  • Address of retaining attorney
  • Address of doctor's office

Please be looking for a confirming email from me back to you. IF YOU DON’T GET THIS CONFIRMING EMAIL BACK FROM ME, THEN THIS MEANS I DIDN’T GET YOUR EMAIL TO ME.




Office Phone: (661) 252-3435
Cell: (661) 414-6972

Michael Haiby, RN provides the service of defense medical examination nurse observer to plaintiff attorneys. Plaintiff individuals may ask their attorney's office to have their attorney’s office make contact with Michael Haiby, RN for more information on scheduling our DME nurse observer attendance services--only an attorney can give legal advice—CONSULT YOUR ATTORNEY.