Rule 28
Physical and Mental Examination of Persons

Section 1.  When examination may be ordered. — In an action in which the mental or physical condition of a party is in controversy, the court in which the action is pending may in its discretion order him to submit to a physical or mental examination by a physician. 

 Section 2.   Order for examination. — The order for examination may be made only on motion for good cause shown and upon notice to the party to be examined and to all other parties, and shall specify the time, place, manner, conditions and scope of the examination and the person or persons by whom it is to be made. 

 Section 3.   Report of findings. — If requested by the party examined, the party causing the examination to be made shall deliver to him a copy of a detailed written report of the examining physician setting out his findings and conclusions. After such request and delivery, the party causing the examination to be made shall be entitled upon request to receive from the party examined a like report of any examination, previously or thereafter made, of the same mental or physical condition. If the party examined refuses to deliver such report, the court on motion and notice may make an order requiring delivery on such terms as are just, and if a physician fails or refuses to make such a report the court may exclude his testimony if offered at the trial. 

 Section 4.   Waiver of privilege. — By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the party examined waives any privilege he may have in that action or any other involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine him in respect of the same mental or physical examination. (Rules of Court)

What does this mode of discovery apply?

This mode of discovery applies to an action in which the mental or physical condition of a party is in controversy (Sec. 1, Rule 28, Rules of Court). Examples of this action would be:

An action for annulment of a contract where the ground relied upon is insanity or dementia;

 A petition for guardianship of a person alleged to be insane;

 An action to recover damages for personal injury where the issue is the extent of the injuries.


What are the requisites for a motion for examination?

Requisites:

1.  The physical or mental condition of a party (NOT A WITNESS) is in controversy
2.  Motion must be filed showing good cause
3.  Notice given to the party to be examined and to all other parties
4.  Notice must specify the time, place, manner, conditions and scope of examination
5.  Notice must also specify person/s who will make the examination


Does the physician-patient privilege apply?

1.  Inapplicable because the results of the examination are intended to be made public.
2.  Such examination is not necessary to treat or cure the patient but to assess the extent of injury or to evaluate his physical or mental condition.