For defendants, the Independent Medical Examination (IME) of plaintiffs is critical to properly defend the damage portions of their cases, and defense counsel must maintain the integrity of these examinations. As reported, last year, the Second Department outlawed the practice by the plaintiff’s Bar to secretly record IMEs.1 However, the recent case of IME Watchdog v. Baker, McEvoy, Morrissey & Moskovits raises a new issue when it comes to the manner in which an IME is conducted, namely whether plaintiffs’ attorneys may hire third-parties to audit IMEs and even direct plaintiffs not to participate in all portions of the IME.2
In IME Watchdog, the court defined IME WatchDog Inc. as a company that aids plaintiffs’ offices during the discovery phase of litigation by providing Watchdogs at exams in which a defendant designates a health care professional to examine an injured party.3
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