AAERT Certified Electronic Reporter (CER) Practice Test

What is the term for a medical examination requested by the defendant's attorney in personal injury litigation?

1. Examination of Persons

2. Medical Examination

3. Legal Examination

4. Medical Review

The correct answer is: Examination of Persons

In personal injury litigation, when the defendant's attorney wants to have an independent evaluation of the plaintiff's medical condition, this process is referred to as an "Examination of Persons." This term specifically denotes the legal mechanism by which a plaintiff is examined by a physician or medical professional, usually as part of the discovery process. It serves to gather evidence and assess any claims of injury or damages presented by the plaintiff. The option "Medical Examination" might seem similar, but it does not precisely capture the legal context of the examination requested for litigation purposes; rather, it broadly refers to any medical assessment without the specific legal implications. "Legal Examination" sounds like a valid option, but it doesn't accurately represent the process being described—it could suggest a general examination pertinent to legal matters without the medical aspect. Lastly, "Medical Review" implies a review of medical records or prior findings rather than the direct examination of a person, which does not align with the context of the question. Thus, the correct term emphasizes the legal process involved, establishing a clear understanding of the examination's purpose within litigation.