Plaintiff Should be Permitted to Videotape Independent Medical Examination
The Michigan Supreme Court has ordered that it is within the discretion of the trial court to permit a plaintiff to video record her independent medical evaluation (IME). The justices reasoned that the applicable court rule gives trial courts the authority to order parties to submit to physical or mental examinations and have discretion to “specify the time, place, manner, conditions and scope of the examination…”
In this medical malpractice case, the defendant requested that plaintiff undergo a neuropsychological evaluation by defendant’s expert. The trial court ordered that the plaintiff should have the opportunity to video tape the evaluation. When the defendant objected, the Court of Appeals took up the issue and sided with the defendant in a published decision. The Michigan Supreme Court reversed that decision and remanded the case to the Court of Appeals for further proceedings.
The Michigan Supreme Court held that the applicable court rule, MCR 2.311(A), vests the trial court with discretion to order IME’s and to proscribe the “manner” and “conditions” under which they are to be performed. The right to videotape an IME is discretionary with the trial court and will likely not be ordered in every instance.
The case is Schaumann-Beltran v Gemete. Click on the link to read the court ruling.
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Alexander & Angelas, P.C. represents defendants in civil liability litigation across Michigan and Northern Ohio. The firm’s practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.
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