Physical examinations and discovery of patients' records in civil actions

Under this bill, if a claimant raises an issue involving his or her mental or physical condition, the court may order the claimant to undergo one physical, mental, or vocational examination, unless the defending party shows good cause for the claimant to undergo more than one examination. Under the bill, the order for the examination must do all of the following: 1) specify the time, place, manner, conditions, and scope of the examination, and identify who will conduct the examination; 2) prohibit the person who is conducting the examination from inquiring into any issue relating to liability in the underlying action; 3) allow the claimant to record the examination electronically and have one or more witnesses present at the examination; 4) require the examination to be conducted within 100 miles of where the claimant lives, is employed, or transacts business, 5) require the defending party to pay the claimant's expenses relating to the examination, including travel expenses, child care expenses, and a minimum of $30 per hour.

Under the bill, if a claimant seeks damages for personal injuries, a court may order the claimant to give the defending party, and any physician named in the order, permission to inspect any X-rays or hospital or medical records and reports that were taken in the course of diagnosing or treating the injuries for which the claimant seeks damages. If the defending party seeks additional discovery, the bill requires the defending party to prove, by clear, satisfactory, and convincing evidence to a reasonable certainty, that the additional discovery is essential to the defense relating to the cause of the claimant's injuries and that the discovery relates to a pre-existing condition that is at least substantially similar to the injuries for which the claimant seeks damages.

Under the bill, the defending party must give a copy of any report that is made pursuant to an examination or inspection within 15 days after the examination or inspection takes place to the claimant. If a defending party fails to do so, the defending party may not introduce at trial any evidence that the defending party obtained from the examination or inspection. Under the bill, a claimant may introduce evidence obtained from the examination or inspection, regardless of whether the defending party seeks to introduce the evidence.