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Attendance at Defense Medical Examinations – An Update in New Jersey

By: Paul J. Smyth, Esquire

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. 

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The “Sudden Medical Emergency” Defense in New Jersey: Suggested Approaches

By: Paul J. Smyth, Esquire

Your client is involved in a motor vehicle accident in the State of New Jersey.  He claims to have suffered a loss of consciousness due to a medical condition that he never experienced before or was otherwise diagnosed with any condition that may have led to his losing consciousness.  Surely New Jersey case law has addressed this issue before, right?  Not so fast.

As of October 2022, New Jersey case law has yet to address the sudden medical emergency issue.  There is, however, established case law addressing the “sudden emergency” doctrine.  In
Harpell v. Public Service Coordinated Transport, 20 N.J. 309 (1956), the New Jersey Supreme Court affirmed the Appellate Court’s ruling affirming the trial court’s judgment entering a verdict in favor of plaintiff, Albert E. Harpell.  Mr. Harpell was a passenger on an electric trolley who was struck by a piece of concrete that had been thrown by a 15-year-old boy from a spot outside the fenced-in area that bordered the trolley route.  Plaintiff was seated by a trolley window that was equipped with a metal screen that extended half-way up the window.  The screen was designed to prevent injuries to passengers’ arms.

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Paul J. Smyth Joins Connor, Weber & Oberlies

Paul J. Smyth joined Connor, Weber & Oberlies in 2021 and works out of the Moorestown, New Jersey office.  Paul focuses his practice in the areas of general liability, premises liability and personal injury.  Paul also has vast experience in mass tort defense in New Jersey and Pennsylvania.

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