Andrea M. Alonso and Kevin G. Faley Second Dept. Takes Charge: The Burden of Excluding Third-Party Observers
Eliminating ambiguity created in the First and Fourth Departments, the Second Department places the burden squarely on defendants for the exclusion of 'IME Watchdogs.'
February 26, 2021 at 10:25 AM
9 minute read
New York CPLR §3121 permits an opposing party to require a plaintiff to submit to an independent examination by a designated physician. This Independent Medical Examination (IME) serves an important function. "[P]hysical examinations [narrow], if possible, areas of medical dispute through the assistance of the medical profession, and [eliminate] most of the medical controversy in a personal injury case." Jakubowski v. Lengen, 86 A.D.2d 398, 400 (4th Dept. 1982).
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