Seeking Presurgery Exams In NY Personal Injury Suit Defense - Law360

plaintiff undergoing surgery. The presurgery IME is a common point of contention, especially in cases where the plaintiff is alleging spinal injuries. Defendants seeking to prove a causation defense, or a preexisting condition defense, would prefer to present trial testimony from a doctor who examined the plaintiff prior to surgery. Surgery, particularly spinal fusion surgery, can significantly alter the body part in question such that a post-surgery IME may be of limited value. Although films may be available, they. . .

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