Independent Medical Exams: Defense Strategies for Resisting Conditions and Limitations
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will offer strategies for resisting unofficial and usually unwritten limits on how independent medical examinations (IMEs) are conducted and later used. The panel will discuss what state procedural rules apply and Federal Rule 35, the types of conditions being requested by plaintiffs' counsel and the reasons used to justify them, and how different jurisdictions are allowing, rejecting, or tailoring these now frequent requests.
Outline
- Notice vs. order to conduct IME
- Privacy and recordings
- Reports and access to IME findings
- Discovery
- Trial
Benefits
The panel will review these and other critical questions:
- Do physician associations, such as the AMA, have practice standards for IMEs?
- What can be included and excluded from an IME?
- Are there any privacy limitations on the examination?
- What are the strategies for witness examination and discovery?
- Can one object to an IME, and if so, on what grounds?
Faculty
David R. Adams
Member
Hurwitz Fine
Mr. Adams is Chair of the NYS Labor Law (Scaffold Law) & Construction Defect team. He has extensive experience... | Read More
Mr. Adams is Chair of the NYS Labor Law (Scaffold Law) & Construction Defect team. He has extensive experience defending clients in construction accidents/New York Labor Law, construction defect, environmental toxic exposure, product liability, transportation negligence and other complex and catastrophic injury litigation. Mr. Adams also has significant experience handling environmental litigation and toxic exposure lawsuits, having handled matters including the initial and current Love Canal litigation.
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Ray H. Littleton
Shareholder
Foster Swift Collins & Smith
Mr. Littleton’s practice area consists of commercial and general litigation and health care law. He helps... | Read More
Mr. Littleton’s practice area consists of commercial and general litigation and health care law. He helps businesses and organizations address a wide-range of litigation matters and disputes.
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J. Edward McAuliffe, III
Attorney
Mouledoux Bland Legrand & Brackett
Mr. McAuliffe’s practice areas focus on trucking and transportation and insurance defense. Prior to joining MBLB,... | Read More
Mr. McAuliffe’s practice areas focus on trucking and transportation and insurance defense. Prior to joining MBLB, he was an Assistant District Attorney in New Orleans, where he rose quickly through the ranks, eventually heading up the District Attorney’s Bond and Asset Forfeiture Division. Mr. McAuliffe represented his office at the Louisiana District Attorney’s Association, aided in overseeing civil litigation, and implemented new policies and procedures both in his office and throughout the New Orleans criminal justice system.
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