Defense Medical Exam Posts

On June 14, 2022, the Appellate Division reversed a trial judge’s dismissal of a case involving a woman who brought an action for injuries from two separate car accidents. Blocker v. Deloatch (A-1422-20). In the unpublished opinion, the court held that the burden is on the defense to demonstrate that the injuries alleged by the plaintiff had multiple causes...

May a plaintiff be accompanied by a third party at a defense medical exam or require that the examination be recorded? “It depends.”–Every lawyer ever.

On May 3, 2022, the Appellate Division, in the published decision of Difiore v. Pezec, was tasked with resolving “when, if ever, a plaintiff with alleged cognitive limitations, psychological impairments, or language barriers can be accompanied by a third party to a defense medical examination (“DME”), or require that the examination be video or audio recorded...