This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Discovery Medical Exams and the related topic of personal injury. For more information on discovery see the page on Wikipedia.
Discovery Medical Exams-Cases
2004 Rose v. Jaques, 268 Va. 137, 597 S.E.2d 64.
Defendant sought to offer testimony through its defense medical examiner of malingering in form of the defense medical examiners opinion to that effect. The medical examiner, however, testified that his concerns are not sufficient that a formal diagnosis of malingering could be offered. Trial court properly struck this evidence.
2001 Tonti v. Akbari, 262 Va. 681, 553 S.E.2d 769.
Auto accident case. Defense sought to have plaintiff examined through discovery medical exams. Plaintiff issued subpoena for financial records of defense examiner and insurance carrier to establish financial relationship between the two. Defendant filed motion to quash. Trial court overruled motion to quash and awarded attorneys’ fees against defense counsel as “routine matter” pursuant to Rule 4:12. Supreme court rules that award of attorneys’ fees is never a routine matter. It further ruled that Rule 4:12(a)(4) does not provide authority for imposition of attorneys’ fees as sanctions against Tonti for filing motion to quash subpoena duces tecum to these non-parties.
1957 Virginia Linen Serv. v. Allen, 198 Va. 700, 96 S.E.2d 86.
Discusses question of independent medical exams as conducted under old rule.
