Friday, June 6, 2014

Attorney Presence Allowed At Independent Psychological or Neuropsychological Exam (Pa.R.C.P. 4010)

Over the past year, at least two more trial court decisions have come down upholding a Plaintiff's right to have their attorney or other representative present for an independent neuropsychological examination:

Romagnoli v. Westmoreland Reg. Hosp., No. 1514 of 2011 (C.P. Westmoreland, March 27, 2013)(Plain language of Rule 4010 supports Plaintiff's right to have counsel or representative present at independent psychological examination;  Plaintiff has right to make audio or stenographic recording of examination;  Defendant's Motion to Compel Psychological IME of Plaintiff without presence of counsel denied).

Sanderson v. Geiger, et al., No. 2011-CV-8539 (C.P. Dauphin Aug. 22, 2013)(In Order without Opinion, Court held that Plaintiff permitted to have counsel present at all aspects of independent psychological examination and vocational assessment without exception;  Plaintiff also permitted to audio record entire psychological examination, including objective testing portion).

Source: Supplement to 32nd Annual Pennsylvania Auto Insurance Law Book (2014) issued by the Pennsylvania Association for Justice.

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