by Tyler on Case Studies

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 …