Litigation

Compelled Vocational Rehabilitation Exam?

We received an interesting motion to compel a few weeks ago. Defendant's medical malpractice lawyer is seeking a 2 hour interview from Plaintiff with Defendant's vocational rehabilitation expert. In his motion, the defense lawyer argued that because the vocational rehabilitation expert interviewed the Plaintiff, the Defendant is being put at a disadvantage.

The problem is that the Plaintiff has already been deposed. If the Defendant's lawyer had questions related to her disability, couldn't he have asked those questions in deposition? Our view is that the defendant's lawyer is essentially asking the Plaintiff to give a second deposition.

You can find our response to the Defendant's motion here in the event that you are ever faced with a similar issue.

Full post as published by Trial Lawyer Resource Center on June 16, 2008 (boomark / email).