Defense Medical Exam Posts

Appellate Division Issues Guidelines for Third Parties Recording Defense Medical Exams

Appellate Division Issues Guidelines for Third Parties Recording Defense Medical Exams

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...

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