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In some cases, a party may request an additional examination of the party previously examined by a different physician due to the unavailability of the initial examining physician to testify at trial. In affirming that decision, the Appellate Division held that: “The general trend of the practice in personal injury cases is to attempt to narrow down the areas of medical dispute, and the aim is, ultimately, with the assistance of the medical profession, to eliminate most of the controversy on the medical side of personal injury cases”. Vaught, 2 AD2d 156, ( 3rd Dept., 1956), the trial court granted the defendant’s motion seeking a physical examination of the plaintiff conditioned on the requirement that a copy of the examining physician’s report be forwarded to the attorney for the plaintiff. A copy of the examining physician’s “detailed written report” containing his findings and conclusions will be furnished to the party who sought the examination who, in turn, is required to provide a copy to any other party upon request. However, it cannot take place less than 20 days after the notice is served. (CPLR §3121) The party to be examined will receive a notice from the party seeking the examination providing the time, location and name of the designated physician as well as the conditions and scope of the examination. In personal injury cases where a party’s mental or physical condition “is in controversy, any party may serve notice on another party to submit to a physical, mental or blood examination by a designated physician”. |
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