In the course of personal injury matters filed in the State of New Jersey, it is common practice for defense counsel to retain medical professionals to conduct examinations of plaintiffs to investigate the veracity and extent of the claimed injuries. The scope of claimed injuries is obviously vast and specific to any particular case and may include medical and/or psychological components.
Plaintiffs’ counsel may have concerns over the method with which a professional retained by defense counsel conducts his or her examination. In such instances, plaintiffs have sought to record the examinations, either with audio or video. As expected, defense counsel has at times objected to the examinations being recorded. Defense counsel concerns included the potentially obtrusive nature of such a recording and the proprietary information of the examiner for the manner in which he or she conducts the examinations. Also at issue is the proprietary nature in which an examiner conducts the examination and the desire to protect same.Continue reading