Plaintiffs in personal injury actions must submit to physical examinations with respect to their injuries by physicians chosen by the defendants pursuant to CPLR 3121. Although these examinations are often referred to as “IMEs” or independent medical examinations, there is nothing “independent” about them. They are clearly part of the adversarial process.

Recognizing that these medical examinations are an intrinsic part of the legal process, the courts have long held that a plaintiff in a civil action is entitled to have an attorney present during the exam, provided that the attorney does not unduly interfere with the examination. Ramsey v. New York Univ. Hosp. Ctr., 14 A.D.3d 349 (1st Dep’t 2005). In Jakubowski v. Lengen, 86 A.D.2d 398 (4th Dep’t 1982 ), the court noted the importance of plaintiff’s counsel presence, stating:

The presence of plaintiff’s attorney at such examination may well be as important as his presence at an oral deposition. A physician selected by defendant to examine plaintiff is not necessarily a disinterested, impartial medical expert, indifferent to the conflicting interests of the parties. The possible adversary status of the examining doctor for the defense is, under ordinary circumstances, a compelling reason to permit plaintiff’s counsel to be present to guarantee, for example, that the doctor does not interrogate the plaintiff on liability questions in order to seek damaging admissions.