Virginia: Vehicle Accidents – A Lawyer’s Neuropsychologist

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By Order for Examination Pursuant to Rule 4:10 entered February 4, 2021, Circuit Court for Prince William County, Virginia, subjected defense neuropsychological examination of the Plaintiff personal injury victim to the following conditions:

  1. Plaintiff can choose an independent location other than the expert’s office or a law office;
  2. Examination is not to be referenced as “independent” or “court-ordered”;
  3. Plaintiff is not required to fill out, complete, or sign any forms or questionnaires provided by expert, except for patient identification and disclaimer of patient relationship;
  4. The examination and all communications are limited to purely medical and neuropsychological matters germane to lawsuit, i.e., injuries and symptoms at issue, specifically avoiding subjects of litigation, liability, representation, etc.;
  5. Examination is limited to means approved by the neuropsychological profession and cannot inflict unnecessary pain or discomfort on patient;
  6. Plaintiff is entitled to record audio and visual of the examination and all testing, including instructions and examples;
  7. Examination must comply with COVID-19 governmental precautions and protocols in Virginia; and
  8. Expert must agree in writing to abide by the Order, provide a written report, and be deposed.

The motor vehicle accident case is Al-Saray v. Spurlock, No. CL18003080-00.