May the Plaintiff in a Personal Injury Suit be compelled to Exhibit his Injuries? If so, Under What Circumstances?

Authors

Thomas H. Shastid

Abstract

It is everywhere admitted that, with certain restrictions, the plaintiff in a personal injury suit may, if he so choose, exhibit his injuries-either, in proper cases, directly to the jury; or, in other instances, indirectly, to physicians, who are afterwards to go upon the stand. But what about cases where the plaintiff does not so choose ? What if, when the defendant, or the court itself , suggests that the plaintiff undergo a physical personal inspection, he objects? May the plaintiff , then, when he does so object, be compelled, against his will, to undergo the examination ? Further, in juris­ dictions where such power of compulsion is conceded, under what circumstances may the power appropriately be exercised? On these two questions the decisions are irreconcilably at variance. In Part I of this article, will be considered the existence of the power; and, in Part II, the circumstances under which the power may be exercised.

Recommended Citation

Thomas H. Shastid, May the Plaintiff in a Personal Injury Suit be compelled to Exhibit his Injuries? If so, Under What Circumstances?, 1 Mich. L. Rev. 193 (1902).
Available at: https://repository.law.umich.edu/mlr/vol1/iss3/3