Superior Court Defines Good Cause Requirement or IMEs or DMes

In the case of Verba v. Erie Insurance Exchange, No. 2633 EDA 2023 (Pa. Super. Oct. 31, 2024 Panella, P.J.E., King, J., and Stevens, P.J.E) (Op. by King, J.), the Pennsylvania Superior Court addressed the standard for determining whether good cause exist to compel the Plaintiff to cooperate with a request for a medical examination, that is, an IME or a DME depending on what you call it, under Pa. R.C.P. 4010.

The court noted that the requirement of good cause set forth in Rule 4010 is designed to protect parties against an unwarranted invasion of their privacy and to preclude the use of such a medical examination for improper purposes.

The court noted that good cause can exist in a pending litigation if there is a controversy that relates to the very existence of a medical condition which goes to the validity of the cause of action and where absent proof of the Plaintiff’s medical condition a case may not proceed.

Anyone wishing to review a copy of this decision may click this LINK.

Source: The Legal Intelligencer State Appellate Case Alert. www.law.com (Nov. 20, 2024).

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