Response to Demand stipulations (a.k.a. Objection to Notice or ‘other wording’)
When you have an excellent observer at your plaintiff’s Defense Medical Exam, you know that your client is in good hands, stopping unauthorized DME questions, following your instructions to prohibit any x-rays during the doctor’s office visit, and preventing any attempts to have the client complete patient questionnaires, etcetera. The Code of Civil Procedure Section 2032 indicates that the Defense Medical Examination will not be painful, protracted, or intrusive. The RN observer performs the same whether or not the plaintiff attorney’s office produced a Response to Demand for Physical Examination. Common DME issues that we deal with are attempts to make the event prolonged (protracted) or intrusive--both of which are specifically prohibited by the law and are addressed in routine Response to Demand for Physical Exam stipulations—but again, we prevent these defense tactics whether or not the plaintiff attorney produces a Response to Demand for Physical Examination. If you have produced the document, and you email it to us, we give a copy of the Response to Demand to the doctor at the beginning of the examination. Don’t send your plaintiff to their Defense Medical Exam without this excellent observer.
Have an excellent observer at your plaintiff’s defense medical exam
(see lower on webpage the ‘also known as term’s for a Response to Demand)--Mike’s favorite version of a Response to Demand:
Bill B. Billing, Esq., Bar No. 999999
Bill B. Billing, Esq., Bar No. 999999
9999 Any Street, Suite 999
Any City, California 90405
Attorneys for Plaintiff
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
|BILL PLAINTIFF,||CASE NO. LC999999|
|PLAINTIFF'S RESPONSE TO DEMAND FOR PHYSICAL EXAMINATION|
|DAVID XXXXX; XXXXX; and DOES 1 to 100, INCLUSIVE,|
TO DEFENDANTS AND TO THEIR ATTORNEYS OF RECORDS HEREIN:
Plaintiff, BILL PLAINTIFF, hereby responds to defendant's Demand for Physical Examination as follows:
#. Plaintiff, BILL PLAINTIFF, agrees to allow a defense medical examination to go forward on January 14, 2008, at 7:30 a.m., at the offices Bill J. Doctor, M.D., 1520 Any Street Street, Suite 2000, Any City, California, under the following terms and conditions:
#. Plaintiff may be accompanied by his attorney or other legal representative as allowed by C.C.P. '2032.510 to observe the examination.
#. The examination may be audio taped by plaintiff and his representative as allowed by C.C.P. '2032.510
#. A certified shorthand reporter may report the examination as allowed by C.C.P. '2032.510
#. No other persons other than plaintiff, his representative, the court reporter, _____, M.D., and his staff are allowed to be present during the examination.
# Any persons assisting Dr. Doctor must be fully identified by full name and titled on the court report's record or to the attorney or representative.
#. The examination must be limited to plaintiff's condition which are in controversy in this action, as provided by C.C.P. '2032.010 et. seq.
#. This examination shall consist of a physical examination of our client, as authorized by Code of Civil Procedure Section 2032.220.
#. Plaintiff or plaintiff's representative will not give an oral history of the incident. Plaintiff will describe his injuries. He will not orally relate medical history not related to the areas of injuries claimed in this lawsuit.
#. No questions regarding plaintiff's medical, accident or other history shall be asked, in written form or orally. The defense examiner will be limited to asking questions limited to plaintiff's then immediate physical sensations and/or complaints of pain or discomfort, or lack thereof, which are elicited by the exam itself. The defense examiner may be provided by defense counsel with any records, depositions, responses to other discovery, or other things which defense counsel deems necessary to provide the examiner with any history. Plaintiff reserves the right to provide examiner, if requested, with basic information to verify plaintiff's identity or other information such as weight, height, etc. without waiving any objections.
#. Plaintiff will not orally relate a narrative of the treatment history Plaintiff has sought in relation to this injury. Such information has been, or will be produced for Defendant, in writing.
#. The defense doctor shall not attempt to take a lifetime medical history or inquire into areas which are protected by plaintiff's right to privacy. The doctor shall not attempt to conduct a deposition of plaintiff with respect to details of the accident. The deposition of the plaintiff can be given to the doctor if desired.
#. No diagnostic test or procedure that is painful, protracted or intrusive will be allowed as set forth in C.C.P. '2032.220. This includes but is not limited to EMG's, nerve conduction studies, MRI's, EEG's, any type of injection and any type of electrical testing. No blood or bodily fluids shall be taken from plaintiff without a court order or written agreement of the parties.
#. Plaintiff will not sign any paperwork or fill out any paperwork at the doctor's office, including A patient@ information forms or consent forms, because plaintiff is not a patient of _____, M.D., and is consenting to this examination pursuant to the requirements of C.C.P. '2032.010.
#. No x-rays, CT Scans, or MRI's will be allowed. Plaintiff will make his relevant post accident x-rays, if any are available at the defendant's expense.
#. No mental examination will be allowed.
#. Dr. Doctor must be provided with a copy of this response prior to the examination.
#. The total time for examination and testing, if applicable, will not exceed two (2) hours. If any period of time exceeding thirty (30) minutes goes by when plaintiff is not being examined, either by Dr. Doctor and staff, then plaintiff will be free to leave.
#. No mental examination will be allowed.
#. Plaintiff demands full compliance of C.C.P. '2032.610. Plaintiff further demands a copy of any discoverable reports, records reviews, examination charges and writings generated by Dr. SMITH in the matter pursuant to Code of Civil Procedure Section 2032.610. This request includes a copy of a detailed written report, setting out the history, examination, findings, including the results of all tests made, diagnoses, prognoses and conclusions of the examiner. Plaintiff requests a copy of all reports of all earlier examinations of the same condition of the examinee made by that or any other examiner (C.C.P. '2032.610). A copy of these reports shall be delivered within thirty (30) days after the service of the demand, or within fifteen (15) days of trial, whichever is earlier. The protection from work product under C.C.P. '2018 is waived, both for the examiner's writings and reports and to the taking of the examiner's testimony.
#. Plaintiff will appear at the scheduled defense medical examination. However, plaintiff will not be unduly inconvenienced, by the defendant's defense examination. Plaintiff will appear at the examiner's office on January 14, 2008 at the requested appointment time of 7:30 a.m.. If the defense examination has not commenced by 8:00 a.m. plaintiff will consider this protracted delay to be a waiver of defendant's rights to the defense examination and will leave the medical examiner's office, pursuant to Code of Civil Procedures, Section 2032 (c) 2.
DATED: January 7, 2008 BILLING & BILLING
|BY:||BILLY B. BILLING|
|Attorneys for Plaintiff|
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am an employee in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 3250 Any Street., Suite 999, Any City, California 99999.
On February 24, 2023 I served the foregoing document described as PLAINTIFF'S RESPONSE TO DEMAND FOR PHYSICAL EXAMINATION on interested parties in this action by placing the original thereof in a sealed envelope addressed as follows:
Mary Attorney, Esq.
Bobby, Bobby, & Bobby, LLP
999 Any Street, 15th Floor
Any City, California 99999
X (BY MAIL) I am A readily familiar@ with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the United States Postal Service on that same day with postage thereon fully prepaid at Santa Monica, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation or postage meter date is more than one day after date of deposit for mailing in affidavit.
X (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
Executed January 7, 2008, at Any City, California.
(also known as term’s for a Response to Demand): Response to Demand…, Objection to Demand…, Response to Notice…, and Objection to Notice—for Physical Examination, Independent Medical Examination or whatever verbiage is chosen by the defense attorney in their request for your client to be examined by their defense medical expert.
Links to My Friends Websites
Sadly, I Don’t Have Any Website Links to Refer You two as this Webpage Originally Did, as the Two Friends That I Had Website Links to Point You Towards Died (One Of Covid And One Of ‘Natural Causes’)…
Verify my Registered Nursing License through the Board of Registered Nurses.
Contact us now to schedule attendance at your client's DME anywhere in Los Angeles County, Orange County, and throughout Southern California, Northern California and Central California (and ‘all parts in between’).
How Do You Schedule Observer Independent Medical Examination
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.
EMAIL ME NOW TO SCHEDULE EXCELLENT OBSERVER ATTENDANCE AT YOUR CLIENT’S DME ANYWHERE IN CALIFORNIA!!!
MICHAEL HAIBY, RN
Office Phone: (661) 252-3435
Cell: (661) 414-6972
This is a PICTURE of my email address—it is NOT text;
you cannot copy and paste it into the address section of your email,
you have to MANUALLY TYPE MY EMAIL ADDRESS
INTO THE ADDRESS SECTION OF YOUR EMAIL
PROGRAM (this is to prevent ‘spambots’ surfing the internet
from noting my email address and flooding me with spam emails).
Michael Haiby, RN provides the service of defense medical examination 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 observer attendance services--only an attorney can give legal advice—CONSULT YOUR ATTORNEY.