Peekskill, NY asked in Personal Injury for New York

Q: Does a physical examination by a defense doctor have to be in the County where the case is pending?

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1 Lawyer Answer
Mark A. Siesel
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  • White Plains, NY
  • Licensed in New York

A: Generally speaking, the physicals usually are scheduled in the County where the case is pending. However, sometimes defendant attorneys will claim that they were not able to find a physician with that particular specialty in the County where the case is pending. This is usually a situation where it is either worked out by the attorneys or your attorney woudl make an application to the presiding judge to demand that the physical be held in the county where the case is proceeding, particularly where the specialty is very common, such as an orthopedist or neurologist.

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