When an individual brings a personal injury lawsuit, they purposely place their physical and/or mental health into dispute. As a result, plaintiffs in personal injury actions forfeit certain privacy rights that they would otherwise have, including the right to keep certain mental and physical health information private.
Defendants in personal injury actions are typically allowed to obtain the plaintiff's relevant emergency room and/or medical records, inquire about plaintiff's current and prior health conditions, and require plaintiff to submit to an independent medical examination, or "IME," conducted by defendant's medical expert.
An IME provides the defendant's medical expert the ability to directly examine the plaintiff's alleged injury and form opinions about the extent and permanency of plaintiff's injury (the plaintiff typically has their own competing medical expert[s] in these cases). Noncompliance by plaintiff in this regard, or failure to submit to an IME, can result in dismissal of the personal injury lawsuit.
Personal injury lawsuits are complex, multifaceted cases requiring proper assessment and development of liability and medical issues in order to survive dismissal. If you have been injured due to the negligence of another, you should contact an experienced New Jersey personal injury who can analyze the facts of your case and explain your rights.