Whenever a party claims that they were physically or mentally injured as a result of the wrongdoing of another, that party is subject to a request by the other side to submit to a physical or mental examination. Requests for physical examinations when there are ongoing complaints are common. The party requesting the examination obtains the report which must be provided to the lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. Requests for mental examinations as a result of a claim for a brain injury are another story however. The law firm of Chaikin, Sherman, Cammarata & Siegel has a reputation for aggressively protecting of their clients rights and interests. We also have a large number of clients who have sustained brain injuries. Defendant's requests to examine an individual's brain by neurological or neuropsychological testing is put under careful scrutiny. Rarely, if ever, is a request by a defendant for neuropsychological testing accepted by lawyers at Chaikin, Sherman, Cammarata & Siegel without a Court review of the precise components of the examination and a limitation on that examination to the greatest extent possible. The opportunity for abuse when an individual is being subjected to an examination is great. Accordingly, the vigilance on behalf of our clients is high. Although the requests for mental and physical examinations are an available discovery device, they are frequently the subject of objections and requests for judicial scrutiny.
by Ira Sherman, Esq.