2011 Connecticut Code
Title 52 Civil Actions
Chapter 899 Evidence
Sec. 52-178a. Physical examination of plaintiff, when.

      Sec. 52-178a. Physical examination of plaintiff, when. In any action to recover damages for personal injuries, the court or judge may order the plaintiff to submit to a physical examination by one or more physicians or surgeons. No party may be compelled to undergo a physical examination by any physician to whom he objects in writing submitted to the court or judge.

      (February, 1965, P.A. 477; P.A. 82-160, S. 83.)

      History: P.A. 82-160 rephrased the section.

      Cited. 211 C. 555.

      History discussed. 26 CS 338. This section is an extension of section 52-178 providing that an adverse party must testify. Id. Discussion of legislative intent. Id. It is within the discretion of the court to decide whether plaintiff's objection to the examination is reasonable and to order said examination if the plaintiff does not sustain his burden of proof. Id. Plaintiff's objection to particular doctor was sustained where it appeared on oral argument he would have accepted examination by others. 28 CS 11. Cited. 40 CS 265. Legislative history analyzed. Second sentence provides that right of a party to object to a physician is unconditional. 46 CS 301.

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