People who are hurt due to the negligence of others can often recover damages in civil lawsuits. While some harm is abundantly clear, other injuries are less obvious. As such, it is not uncommon for a defendant to request that a plaintiff undergo an independent medical examination. While such examinations are permitted under Massachusetts Rule of Civil Procedure 35, only certain parties are authorized to conduct them. In a recent opinion, a Massachusetts court analyzed whether neuropsychologists are among those authorized to conduct such examinations. If you were injured in an accident caused by another party’s carelessness, you have the right to seek compensation, and you should meet with a Cape Cod personal injury attorney as soon as possible.
The Plaintiff’s Harm
Allegedly, the plaintiff worked on a construction site where the defendant acted as the general contractor. He was involved in a catastrophic accident that caused him to suffer significant cognitive and physical injuries. His conservators then filed a lawsuit against the defendant, alleging its negligence caused the plaintiff’s harm.
It is reported that during discovery, the plaintiff produced an opinion from a neuropsychologist outlining his cognitive harm. After reviewing the opinion and the plaintiff’s medical records, the defendant disputed the extent of the plaintiff’s injuries and moved to have him undergo an examination with a neuropsychologist pursuant to Rule 35. The plaintiff objected, arguing that an examination with a neuropsychologist was not permitted under Rule 35, as neuropsychologists are not doctors. The trial court granted the defendant’s motion, and the plaintiff appealed. Continue Reading ›