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 …Read More