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Source Vicarious Liability Complete Torts List Showing the closest available flashcard practice.

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0 tracked cards Civil Procedure

A plaintiff in federal court alleges that a fall at the defendant's store caused permanent back injuries and seeks future medical expenses. The defendant wants an orthopedic surgeon to examine the plaintiff. The plaintiff refuses, arguing that she already produced her medical records.
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The plaintiff waives all medical privileges in every medical record for life by claiming a current injury. A plaintiff who claims future pain and medical expenses can never be examined because medical records are always an adequate substitute. The examiner may decide the scope, time, place, manner, and conditions after the plaintiff arrives. The court may order the examination only on motion for good cause, on notice to all parties and the person to be examined, when the plaintiff's physical or mental condition is in controversy, and the order must specify the examination's details.

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