Skip to main content

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

Hamburg, NY |
Filed under: Personal injury

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. 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 educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  2. 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 not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.


  3. 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. The information provided herein is not, and is not intended to be, legal advice. The content herein is for information and educational purposes only, and is based on the limited information provided. Any information provided is not intended to, and does not, create any attorney/client relationship where none exists. For legal advice, please consult with an attorney. While this posting is made for informational purposes only for the AVVO community, to the extent one seeks to contact me based on the content herein, or that this may be viewed by some to be attorney advertising, please be advised of the following: *Attorney Advertising


  4. 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, please mark it as the "Best Answer". The information provided herein is for informational purposes only, and should not be relied upon or construed as legal advice or legal opinion. You should not rely upon the information provided at this site without seeking individual advice from an attorney. No attorney-client relationship can be assumed or created by this post.


  5. 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 helpful, please mark the “helpful” button. If this is the best answer, then please indicate it. Thank you. We are a plaintiffs-only, personal injury and medical malpractice law firm representing clients in the New York metropolitan area. We offer personal services built on the values of communication, education and responsiveness. Please understand that legal advice can only be given by an attorney licensed in your jurisdiction who has a familiarity with the law concerning your question. This answer does not constitute an attorney-client relationship. If you are in the New York metropolitan area, feel free to call us at 1-800-660-1466 or contact our website www.SchlittLaw.com and I will see if we can help you.


  6. 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 it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  7. These things take time.


  8. Typically 45 days.

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


  9. 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.

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics