Key Takeaway
Court rules defendants waived their right to conduct neurological IME by failing to provide interpreter for scheduled examinations despite plaintiff's compliance.
Independent Medical Examinations (IMEs) are a critical component of no-fault insurance claims, allowing insurance companies to have their own medical experts evaluate claimants. However, insurance carriers and their attorneys must follow proper procedures and meet court-imposed deadlines to preserve their examination rights. When they fail to do so, courts may find that these rights have been waived.
The case of De Sanchez v Trevz Trucking LLC demonstrates how procedural failures can cost defendants their ability to conduct additional medical examinations. This decision highlights the importance of proper coordination between attorneys, medical experts, and interpreters when scheduling IMEs, particularly in cases involving non-English speaking plaintiffs.
Court’s Ruling on Waiver of IME Rights
Jason Tenenbaum’s Analysis:
De Sanchez v Trevz Trucking LLC, 2015 NY Slip Op 00622 (1st Dept. 2015)
“Under the circumstances, including that defendants’ orthopedic expert addressed all of plaintiff’s claimed injuries in his report and examination, and the fact that plaintiff appeared twice for the scheduled examination but the defendants’ expert refused to conduct the exam due to defendants’ failure to have an interpreter present, the court providently exercised its discretion in determining that defendants waived their right to conduct a neurological examination by failing to make arrangements [*2]necessary to perform the exam within the extended deadline set by the compliance conference order”
Key Takeaway
This case serves as a reminder that defendants must take responsibility for all logistical arrangements necessary to conduct IMEs within court-ordered deadlines. Even when a plaintiff appears for scheduled examinations, defendants can waive their examination rights if they fail to provide essential services like interpreters. Courts will not excuse such procedural failures, especially when proper IME procedures and scheduling requirements are well-established in New York No-Fault Insurance Law.
