Kenneth B Danielsen

October 23, 2019 | New York Law Journal

In personal injury lawsuits, it is often the case that a plaintiff will undergo surgery during the course of litigation, without giving any prior notice to the defendants. Whether unintentional, or tactical, two decisions in the Supreme Court, including one issued earlier this year, may serve to change this practice, at least in cases where the defendants have demanded the right to conduct a presurgical independent medical examination (IME).

By Kenneth B. Danielsen and Steven I. Heyligers

8 minute read