Personal Injury attorney Miles B. Cooper, a partner at Emison Hullverson LLP, wrote a very insightful article in the March, 2014 issue of  Plaintiff Magazine on the joys and pitfalls of deposing treating physicians.

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Something came up for opposing counsel at the last minute and he didn’t show. That left us – the court reporter, videographer, and me – sitting in the conference room with the treating doctor deponent, the one who had been too busy, according to his office (disinterested, I suspected) to meet me face to face. “Doctor, while you’re here,” I began . . .


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When plaintiff receives a demand for a physical examination he or she have 20 days after the service of the demand to serve their response. More likely than not, plaintiff counsel is going to allow the plaintiff to submit to the independent medical examination. If so, then there are a few things plaintiff counsel should be aware of.
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In most personal injury actions the plaintiff is served with a Notice for an Independent Medical Examination. It has become so commonplace that no one really thinks twice about the demand. However, there are a few requirements to this discovery device that defendant must comply with in order to perfect the request. Although obtaining an Independent Medical Examination may appear to be a simple process here are some interesting twists and turns that I have encountered that a defendant should consider before they serve their demand.
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