(1) When the mental or physical condition, including the blood group or the ability to pursue a vocation, of a party is in issue, the court in which the action is pending may order the party to submit to a physical, mental or vocational examination. The order may be made on motion for cause shown and upon notice to all 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.
804.10.Physical and mental examination of parties; inspection of medical documents.
Ch. 804: Depositions and Discovery · Last amended 1995 · Last verified July 15, 2026
In one sentenceSection 804.10 lets a court order a party to undergo a physical, mental, or vocational examination when that condition is at issue, requires exchange of medical reports and records in personal injury cases, and makes a records custodian liable for costs if it unreasonably refuses a signed authorization to release records.
Full Text of Section 804.10
(2) In any action brought to recover damages for personal injuries, the court shall also order the claimant, upon such terms as are just, to give to the other party or any physician named in the order, within a specified time, consent and the right to inspect any X-ray photograph taken in the course of the diagnosis or treatment of the claimant. The court shall also order the claimant to give consent and the right to inspect and copy any hospital, medical or other records and reports that are within the scope of discovery under s. 804.01 (2).
(3) (a) No evidence obtained by an adverse party by a courtordered examination under sub. (1) or inspection under sub. (2) shall be admitted upon the trial by reference or otherwise unless true copies of all reports prepared pursuant to such examination or inspection and received by such adverse party have been delivered to the other party or attorney not later than 10 days after the reports are received by the adverse party. The party claiming damages shall deliver to the adverse party, in return for copies of reports based on court-ordered examination or inspection, a true copy of all reports of each person who has examined or treated the claimant with respect to the injuries for which damages are claimed. (b) This subsection applies to examinations made by agreement of the parties, unless the agreement expressly provides otherwise. This subsection does not preclude discovery of a report of an examining physician or the taking of a deposition of the physician in accordance with any other statute.
(4) Upon receipt of written authorization and consent signed by a person who has been the subject of medical care or treatment, or in case of the death of such person, signed by the personal representative or by the beneficiary of an insurance policy on the person’s life, the physician or other person having custody of any medical or hospital records or reports concerning such care or treatment, shall forthwith permit the person designated in such authorization to inspect and copy such records and reports. Any person having custody of such records and reports who unreasonably refuses to comply with such authorization shall be liable to the party seeking the records or reports for the reasonable and necessary costs of enforcing the party’s right to discover.
Plain-English Summary
When a party’s physical or mental condition, ability to pursue a vocation, or blood group is at issue in the case, Section 804.10 lets the court order that party to submit to an examination. The order comes only on a motion showing cause, after notice to everyone in the case, and it has to spell out the time, place, manner, conditions, and scope of the exam and name who will conduct it.
In personal injury cases specifically, the court also orders the injured party to let the other side, or a physician the order names, inspect any X-rays taken in diagnosing or treating the injury, and to give consent to inspect and copy hospital, medical, and other records within the scope of discovery. That exchange runs both ways: if evidence from a court-ordered exam or inspection is going to be used at trial, the adverse party has to deliver true copies of the resulting reports to the other side within 10 days of receiving them, and in return, the injured party has to deliver true copies of reports from everyone who examined or treated them for the injuries being claimed. The same reciprocal rule applies to examinations the parties arranged by agreement, unless their agreement says otherwise.
Separately, Section 804.10(4) lets anyone who has been treated get their own medical or hospital records released by giving the custodian a signed written authorization, and it applies the same way if the patient has died, through a personal representative or life insurance beneficiary. A custodian who unreasonably refuses to honor that authorization becomes liable to the person seeking the records for the reasonable and necessary costs of enforcing the right to get them.
Frequently Asked Questions
Can the other side force me to undergo a medical examination?
Only if the court orders it. Section 804.10(1) requires a motion showing cause, notice to all parties, and an order specifying the time, place, manner, conditions, and scope of the examination and who will conduct it.
Do I have to hand over my medical records in a personal injury case?
Yes. Section 804.10(2) requires the court to order the claimant to give consent and the right to inspect X-rays and to inspect and copy hospital, medical, or other records and reports within the scope of discovery.
What happens if the reports from a court-ordered exam are not shared promptly?
Section 804.10(3)(a) bars using that evidence at trial unless true copies of the reports have been delivered to the other side within 10 days after the adverse party received them.
Do I get anything in return for sharing my own medical records?
Yes. In exchange for the reports from the court-ordered examination, the claimant must deliver true copies of all reports from everyone who examined or treated the claimant regarding the injuries claimed in the case.
What if a hospital or physician refuses to release my medical records despite a signed authorization?
Under Section 804.10(4), a custodian who unreasonably refuses to comply with a valid authorization is liable to the party seeking the records for the reasonable and necessary costs of enforcing that right.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 680 (1975); 1975 c. 218; 1993 a. 424; 1995 a. 345.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: independent medical examination wisconsinIME wisconsin civil procedurecourt ordered physical mental exampersonal injury medical records exchange wisconsinmedical records authorization wisconsin