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Arizona Court of Appeals clarifies Rule 35 and the limits of recording an independent medical exam.

The Arizona Court of Appeals recently decided the limits a court may and may not place on recording an independent medical examination under Rule 35.  This decision has implications for a wide range of personal injury cases.

In Clayton v. Hon. Kenworthy et al, the plaintiff, a six-year-old with significant disabilities including hearing loss and cerebral palsy, through his mother, filed a medical malpractice action alleging they were negligent in delivering him at birth.  The defendants requested a Rule 35 neurospych exam to determine his current and future cognitive abilities.  The mother agreed to the examination on the condition that …

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