Shapira

Petitioner is the defendant in an action for dental malpractice. Plaintiff/real party Gayle Sylvestri seeks substantial damages for alleged organic brain damage purportedly caused by petitioner’s improper use of medication. Real party submitted to two defense examinations: A physical examination by a neurologist and a mental examination by a neuropsychologist. She refused to submit to an additional mental examination by a psychiatrist, on the ground that a defendant is permitted only one mental examination under Code of Civil Procedure section 2032. The trial court denied petitioner’s motion to compel the psychiatric examination, agreeing with real party that the statute limits a defendant to one mental examination. Petitioner seeks a writ of mandate to vacate the trial court’s order. We issue the requested writ.

Real party became petitioner’s patient on February 5, 1982. In a health history questionnaire, she indicated she had had a heart murmur for 17 years; petitioner was supposedly aware of this fact. Her chart in petitioner’s office contains the following entry dated April 17, 1986: “Patient called to let us know she takes beta blockers Inderal.”

On August 6, 1986,…