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DANCING WITH WOLVES IN "DRAG" A TEXAS PLAINTIFF ATTORNEY’S PERSPECTIVE ON TACTICS AND STRATEGY INVOLVING ADVERSE MENTAL AND PHYSICAL EXAMS 2026 UPDATE


Texas Rule 204 examinations remain one of the most contested areas of personal injury discovery. In this 2026 update, veteran Texas trial lawyer Paul N. Gold examines how recent appellate decisions have reshaped the standards governing defense-requested medical and psychological examinations. Drawing on decades of courtroom experience, the paper explores the balance between a defendant's right to a fair trial and a plaintiff's privacy rights, while offering practical strategies for challenging overly broad examinations and effectively preparing for trial.


Key Takeaways

  • Explains Rule 204's evolving legal standards and how recent Texas appellate decisions have clarified when defense medical and psychological examinations may be ordered.

  • Examines the "good cause" requirement, emphasizing that defendants must demonstrate a clear connection between the requested examination and the claims at issue.

  • Discusses the balance between privacy and fairness, highlighting how courts weigh a plaintiff's privacy interests against a defendant's ability to present a complete defense.

  • Analyzes important Texas appellate cases that have influenced discovery practices involving medical and psychological examinations over the past decade.

  • Provides practical litigation strategies for limiting overly broad examinations, challenging unsupported requests, and preparing clients for defense examinations.

  • Addresses current issues involving recording examinations, third-party observers, scope limitations, and neuropsychological testing under Rule 204.

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