I went for a defense medical exam on 11/5/12 in NYS. How long do they have to produce the report?

Asked over 1 year ago - Hamburg, NY

I went for the deposition in 8/12. What is the next step? I feel like I should be at the end but my lawyer is not giving me specific answers.

Attorney answers (9)

  1. Jeffrey Mark Adams

    Contributor Level 20

    12

    Lawyers agree

    Answered . Lawyers such as myself can only answer these questions in general terms. From this limit post, nothing appears untoward. Suggest you simply ask your lawyer for a status update.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  2. Brian C. Pascale

    Pro

    Contributor Level 18

    12

    Lawyers agree

    Answered . Unfortunately the defense does not always follow Court Orders. They usually have no more than 45 days following the exam to provide it, sometimes less. Your lawyer is probably kicking and screaming for them to give it to him. However, don't be so hung up on the report. It isalmost certainly against you as they paid for the doctor. The delay by the defense on this report is not likely delaying your case.

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does... more
  3. Gregory Scott Gennarelli

    Pro

    Contributor Level 14

    12

    Lawyers agree

    Answered . The time to exchange an IME report should be set forth in the Preliminary Conference Order for your case, and perhaps in a subsequent Compliance Conference Order. Ask tour lawyer. There are time requirements for expert disclosure, but the dates are not set in stone and can be, in some case, exchanged at trial or even mid-trial. If your deposition was only in August and the case is proceeding to trial, it could take a bit more time depending upon the Court backlog in the County where your case is venued. However, before the case can even get on the trial calender, your attorney must file a Note of Issue and Certificate of Readiness which indicates that all discovery is complete and the case is trial ready. Your lawyer would know best.

    New York Plaintiff's Personal Injury Attorney Serving NYC, Long Island, Westchester and the surrounding areas.... more
  4. Mark Michael Campanella

    Pro

    Contributor Level 14

    10

    Lawyers agree

    Answered . Since the IME didn't take place until mid November, it's production isn't terribly untimely. It's not unheard of that examining physicians take their sweet time producing these reports, and can take 2-3 months to produce, especially if defendant's counsel has seen an advance copy of it and has suggested or requested certain language be added/changed.

    If you find this answer useful, please mark it as "Helpful". Likewise, if you believe it is the most responsive,... more
  5. Carol Lynn Schlitt

    Pro

    Contributor Level 12

    10

    Lawyers agree

    Answered . You raise three different issues:

    3. Where in the legal process are you? Based on this information, your lawyer has filed a lawsuit and it has moved to the Discovery phase, which involves the exchange of documents and conducting depositions. After your deposition, the defense has a right to request that you undergo a defendant’s medical exam (DME). After that, your lawyer should be able to file a Note of Issue to put the case on the trial calendar.

    2. How long does the defense have to produce a transcript of your deposition? Court rules in New York say the defense must produce the transcript within 45 days. It usually comes earlier. Your lawyer should then ask you to review the transcript for any errors. You have 60 days from the day of receipt of the transcript to notify the defense of any errors in the transcript.

    3. How long does the defense have to produce a report following a DME? Court rules in New York say the defense must produce the DME report within 45 days.

    I suggest that you set up a meeting or conference call with your attorney for an update on your case and to lay out expectations on communications. I will provide some links (see below in blue) with more information on these topics.

    I hope this information helps.

    The Schlitt Law Firm and Carol L. Schlitt provide answers for informational purposes only. If this answer is... more
  6. Jayson Lutzky

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . I agree with the prior responders with an addition. You should schedule an appointment with your current attorney to go over the case and where it is going. Ask to see a copy of the preliminary conference order and compliance conference order if any. Good luck.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  7. Michael J Palumbo

    Pro

    Contributor Level 19

    7

    Lawyers agree

    Answered . These things take time.

  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Typically 45 days.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  9. Rafael Omar Gomez

    Contributor Level 10

    3

    Lawyers agree

    Answered . This is something which requires a thorough review of your file. If you are not happy with your current attorney you can switch at any time without any added cost to you. I am available for a free consultation if you would like to review your options.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,535 answers this week

3,057 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,535 answers this week

3,057 attorneys answering