01 Jan Virginia: Car Accidents – a Lawyer’s Neuropsychologist
In Cohen v. Dziorlor, No. CL2015-0014084, Fairfax County Circuit Court greatly limited the defense neuropsychologist’s examination of Plaintiff pursuant to Va. S. Ct. Rule 4:10, over Defendant’s objection. Specifically, the neuropsychologist was:
- Limited to 6 hours for interview and examination;
- Forbidden to question about “extraneous matters”;
- Required to bring all test booklets, scoring protocols, case lists, and billing statements to subsequent deposition;
- Required to provide a report of his assessments and testing;
- Forbidden to perform x-rays or invasive or painful testing;
- Forbidden to require completion of lengthy information forms;
- Forbidden to require production of anything other than valid identification;
- Required to provide all notes, tests, results, and scoring sheets to Plaintiff’s counsel;
- Required to provide all “raw data” to Plaintiff’s treating neuropsychologist;
- Forbidden to refer to himself as an “independent” medical examiner;
- Required to be videotaped during his clinical interview;
- Required to submit to discovery deposition; and
- Required to be bound by the Court’s Order as to all of the foregoing.
Such patient protections are necessary and appropriate to prevent potential abuse at the hands of retained experts by Defendants performing medical examinations for the defense.