Virginia: Car Accidents – a Lawyer’s DME (July 1, 2016)

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On June 10, 2016, Circuit Court for Fairfax County, Virginia ordered that Plaintiff’s counsel was entitled to videotape by professional videographer the neurological/physical examination of the Plaintiff personal injury victim pursuant to Va. S. Ct. Rule 4:10.  The case is Cohen v. Dziorlor, No. CL2015-0014084, arising out of a vehicle accident.

Such “defense medical examinations” (“DMEs”) – typically framed as “independent” by Defendants, despite usually being conducted by doctors of insurers choosing – commonly are fraught with patient-doctor disputes about what actually was said and done or not.  Obviously and appropriately, videotaping minimizes any such dispute, though tellingly defense interests routinely fight against any videotaping.