BarbriSFCourseDetails
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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Personal Injury and Med Mal

Date & Time
  • event Date

    Thursday, June 18, 2020

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

This CLE course will provide in-depth analysis and practical recommendations for preparing plaintiffs for defense physical or mental examinations taken. Because these examinations will inevitably be allowed, plaintiff’s counsel should engage defense counsel to limit the scope of examination and minimize intrusiveness and overreaching. The panel will discuss all facets of contending with these examinations and the examiners themselves, in discovery and at trial.

Faculty

Eric Stravitz
Owner
Stravitz Law Firm, PC

Mr. Stravitz handles cases involving personal injuries, car crashes, trucking crashes, medical malpractice, premises security, premises liability, and civil litigation. In addition, he serves several notable law firms as local counsel in cases filed in Maryland and the District of Columbia.

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Robert B. Fitzpatrick
Founder
Robert B. Fitzpatrick, PLLC

Mr. Fitzpatrick has over forty years of experience in all aspects of employment law and the resolution of employment disputes. Not only has he successfully resolved literally thousands of employment disputes over the years, he has written extensively on the subject and, upon occasion, serves as a mediator of employment disputes.

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Description

When a plaintiff claims physical or mental injury, Federal Rule 35 (and state counterparts) permits defense counsel "for cause" to require that plaintiff submit to a physical or mental exam. Because such examinations are allowed under the Federal Rules, plaintiffs have little to gain by opposing such examinations if they fall within the parameters of the rule. Rather, the wiser course is to focus on making sure that the examinations are reasonable, as non-invasive as possible, and as fair as they can be.

Counsel must set limits on the scope of examinations and clearly define the issues to which they relate. Thorough knowledge of the practitioner who will conduct the examination and of the types of tests to be done is critical. Counsel should also have ready and know when to file a motion for a protective order.

Listen as this stellar panel discusses how to prepare for and defend a defense request under Rule 35 or its typical state analog. The panel will cover such topics as preparing the client from the beginning of the case for such exams, the role of document requests, preparing for cross-examination of the “independent” professional, bias, the use of audio or video examinations, timing and other logistics of the exam, issues regarding the discovery deposition of the examiner, and dealing with the examiner and the examination at trial.

Outline

  1. Notice vs. order
  2. Pre-examination issues
    1. Limitations and conditions
    2. Preparation of client
  3. Privacy and recordings
  4. Report
  5. Discovery
  6. Trial

Benefits

The panel will review these and other critical questions:

  • What if anything does the language in Rule 35 regarding orders and cause mean?
  • What items can be included and excluded from a Rule 35 examination?
  • Who may participate in preparing the report under the rule?
  • Are there any privacy limitations on the examination?
  • What are the strategies for witness examination and discovery?