Defendants may not require multiple physical examinations of plaintiffs in cases where different doctors treated separate orthopedic conditions, a Lackawanna County Court of Common Pleas judge has ruled.
In DiGiacinto v. Obelinas, Judge Terrence R. Nealon, ruling on what was apparently a first-impression issue, said the defendants did not have good cause to compel the plaintiff to undergo two physical exams because the plaintiff had been treated by two orthopedists for alleged neck and wrist injuries. Nealon noted that orthopedists and neurosurgeons regularly treat and testify regarding both cervical and carpal tunnel injuries, and he said the special discovery master in the case should not have ordered plaintiff Thomas F. DiGiacinto to undergo separate exams by two different defense doctors.
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