Short answer. Yes, at least as to that condition. Section 4 provides that requesting and obtaining the examination report — or taking the examiner's deposition — waives any privilege regarding the testimony of every other person who examined, or later examines, you in respect of that same condition, in that action or any other involving the same controversy.
What the law says
By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the party examined waives any privilege he or she may have in that action or any other involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine him or her in respect of the same mental or physical examination.
Rule 28, Section 4 — Waiver of privilege. Read the full provision →
What triggers the waiver
Either of two acts is enough to trigger it: requesting and obtaining the report under Section 3, or taking the deposition of the examiner who conducted the ordered examination. Simply undergoing the examination itself, without taking either of these further steps, does not by itself trigger this waiver — the party examined has to affirmatively seek out the report or the examiner's deposition testimony first. This distinction matters because a party can decline to request the report specifically to avoid opening the door to unfavorable testimony from other examiners of the same condition.
How broad the waiver is
It covers testimony from every other person who has examined, or may later examine, the same mental or physical condition — not merely the court-ordered examiner — and it extends to any other action involving the same controversy, not just the current case. This means a party cannot limit the waiver's effect simply by confining their request to a single examination; once triggered, it reaches every related examiner touching that same condition. Courts applying this section have treated the waiver as automatic once triggered, without requiring any separate showing that the party intended to give up the privilege.
The trade-off this creates
Getting access to potentially favorable medical findings comes at the cost of exposing unfavorable ones from the same condition, so a party has to weigh whether requesting the report is worth opening the door to other examiners' testimony. A party confident that every examination of the condition would favor them has little reason to hesitate, while a party uncertain about what other examiners found should think carefully before requesting the report. Counsel weighing whether to request the report should discuss this trade-off with the client before making the request, since the waiver cannot later be undone once triggered.