Louisiana Senate Bill SB185

Louisiana 2017 Regular Session

• Introduced: 3/31/17
• Refer: 3/31/17
• Refer: 4/10/17
• Report Pass: 4/25/17
• Engrossed: 5/2/17
• Refer: 5/3/17

Caption

Provides relative to physical or mental examinations of certain persons. (8/1/17)

Impact

The implementation of SB 185 is expected to significantly refine and clarify existing laws surrounding mental and physical examinations within civil litigation. By limiting the number of examinations a plaintiff must undergo, the bill addresses potential overreach in legal processes that could otherwise prove burdensome or duplicative. This amendment has implications for the fairness of civil legal proceedings, as it acts to protect plaintiffs from unnecessary and potentially intrusive examination processes while also maintaining the courts' right to ascertain the validity of a party's condition in dispute.

Summary

Senate Bill 185 addresses the procedural aspects of physical and mental examinations in civil cases where a person's condition is under scrutiny. Specifically, the bill amends the existing Code of Civil Procedure Article 1464 to stipulate the requirements and limitations associated with court-ordered examinations. Notably, it prevents a plaintiff from being subjected to multiple examinations by various physicians within the same specialty, thereby streamlining the examination process. It also affirms the right for the person being examined to have someone present during the examination and to have the entire process videotaped, with the costs for such examination being borne by the party requesting it.

Sentiment

The sentiment surrounding SB 185 appears to be generally supportive, particularly from legal practitioners and advocacy groups concerned with the rights of individuals involved in civil litigation. The added protections for those being examined, along with the emphasis on preventing excessive medical evaluations, have been positively received as measures that enhance fairness and respect for personal rights. However, there may also be voices of concern regarding the practicality of these provisions in all situations, particularly from those who see the need for thorough evaluations in some cases.

Contention

While the bill primarily serves to encapsulate the rights of individuals undergoing mental and physical examinations, discussions may arise concerning the balance between protecting individual rights and the need for thorough judicial examinations in legal cases. Some stakeholders may argue that while limiting the number of examinations may benefit certain plaintiffs, it could also hinder the ability of defendants to obtain necessary and comprehensive assessments that could inform court rulings. Hence, the conversation surrounding SB 185 might include potential scenarios where the restrictions could complicate the courts' ability to fully evaluate the conditions at hand.