{"id":893,"date":"2016-06-29T07:05:17","date_gmt":"2016-06-29T12:05:17","guid":{"rendered":"http:\/\/www.illinoisinjurylawyerblog.net\/?p=893"},"modified":"2018-04-12T12:39:39","modified_gmt":"2018-04-12T17:39:39","slug":"court-holds-man-required-submit-physical-examination-defendants-expert-evaluate-injuries","status":"publish","type":"post","link":"https:\/\/www.molllawgroup.com\/blog\/court-holds-man-required-submit-physical-examination-defendants-expert-evaluate-injuries\/","title":{"rendered":"Court Holds that Man Required to Submit to Physical Examination by Defendant\u2019s Expert to Evaluate Injuries"},"content":{"rendered":"

In some cases, the cause of an injury is clear. But in certain cases, especially when people\u00a0have a long, complicated medical history, the cause of the injury can be a major point of conflict in the case. In a recent case<\/a>, the defendant argued that it was not liable because a man\u2019s preexisting conditions were the actual cause of his injury. In that case, a man tripped and fell over an unsecured metal plate in front of a grocery cart corral. He suffered injuries on his knee, arm, neck, shoulder, and face. As a result, he had to receive extensive medical care, including two spinal surgeries. The man sued the grocery store for negligence.<\/p>\n

The store retained a medical expert. He did not examine the plaintiff before formulating an opinion and preparing his report, but he did review the man\u2019s medical records. Based on the medical records, the defendant\u2019s expert determined that the man had a preexisting spinal condition that existed before the fall, and an MRI he had taken after the fall did not show an \u201cacute injury.\u201d The store then requested that the man undergo a physical examination by the store\u2019s expert.<\/p>\n

The trial court denied the request, but the state\u2019s supreme court reversed. Since\u00a0the man\u2019s physical health and the extent of the injuries he sustained at the store were directly at issue, his condition and its cause were relevant. Thus, the physical examination was directly related to the condition in controversy, and the information could not be obtained through other means. Accordingly, the man was required to submit to a physical examination by the defendant\u2019s expert in order to consider his past physical health as well as his present and future condition and the extent of his damages.<\/p>\n

Continue reading \u2192<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

In some cases, the cause of an injury is clear. But in certain cases, especially when people\u00a0have a long, complicated medical history, the cause of the injury can be a major point of conflict in the case. In a recent case, the defendant argued that it was not liable because a man\u2019s preexisting conditions were […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[31],"tags":[],"class_list":["post-893","post","type-post","status-publish","format-standard","hentry","category-premises-liability"],"yoast_head":"\nCourt Holds that Man Required to Submit to Physical Examination by Defendant\u2019s Expert to Evaluate Injuries — Illinois Injury and Mass Tort Lawyer Blog — June 29, 2016<\/title>\n<meta name=\"description\" content=\"In some cases, the cause of an injury is clear. But in certain cases, especially when people\u00a0have a long, complicated medical history, the cause of the — June 29, 2016\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.molllawgroup.com\/blog\/court-holds-man-required-submit-physical-examination-defendants-expert-evaluate-injuries\/\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:title\" content=\"Court Holds that Man Required to Submit to Physical Examination by Defendant\u2019s Expert to Evaluate Injuries — Illinois Injury and Mass Tort Lawyer Blog — June 29, 2016\" \/>\n<meta name=\"twitter:description\" content=\"In some cases, the cause of an injury is clear. But in certain cases, especially when people\u00a0have a long, complicated medical history, the cause of the — June 29, 2016\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Moll Law Group\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"3 minutes\" \/>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Court Holds that Man Required to Submit to Physical Examination by Defendant\u2019s Expert to Evaluate Injuries — Illinois Injury and Mass Tort Lawyer Blog — June 29, 2016","description":"In some cases, the cause of an injury is clear. But in certain cases, especially when people\u00a0have a long, complicated medical history, the cause of the — June 29, 2016","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.molllawgroup.com\/blog\/court-holds-man-required-submit-physical-examination-defendants-expert-evaluate-injuries\/","twitter_card":"summary_large_image","twitter_title":"Court Holds that Man Required to Submit to Physical Examination by Defendant\u2019s Expert to Evaluate Injuries — Illinois Injury and Mass Tort Lawyer Blog — June 29, 2016","twitter_description":"In some cases, the cause of an injury is clear. But in certain cases, especially when people\u00a0have a long, complicated medical history, the cause of the — June 29, 2016","twitter_misc":{"Written by":"Moll Law Group","Est. reading time":"3 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.molllawgroup.com\/blog\/court-holds-man-required-submit-physical-examination-defendants-expert-evaluate-injuries\/#article","isPartOf":{"@id":"https:\/\/www.molllawgroup.com\/blog\/court-holds-man-required-submit-physical-examination-defendants-expert-evaluate-injuries\/"},"author":{"name":"Moll Law Group","@id":"https:\/\/www.molllawgroup.com\/blog\/#\/schema\/person\/53d2eb37d5d0cdb46ac61abacf05ce90"},"headline":"Court Holds that Man Required to Submit to Physical Examination by Defendant\u2019s Expert to Evaluate Injuries","datePublished":"2016-06-29T12:05:17+00:00","dateModified":"2018-04-12T17:39:39+00:00","mainEntityOfPage":{"@id":"https:\/\/www.molllawgroup.com\/blog\/court-holds-man-required-submit-physical-examination-defendants-expert-evaluate-injuries\/"},"wordCount":675,"articleSection":["Premises Liability"],"inLanguage":"en-US"},{"@type":"WebPage","@id":"https:\/\/www.molllawgroup.com\/blog\/court-holds-man-required-submit-physical-examination-defendants-expert-evaluate-injuries\/","url":"https:\/\/www.molllawgroup.com\/blog\/court-holds-man-required-submit-physical-examination-defendants-expert-evaluate-injuries\/","name":"Court Holds that Man Required to Submit to Physical Examination by Defendant\u2019s Expert to Evaluate Injuries — Illinois Injury and Mass Tort Lawyer Blog — June 29, 2016","isPartOf":{"@id":"https:\/\/www.molllawgroup.com\/blog\/#website"},"datePublished":"2016-06-29T12:05:17+00:00","dateModified":"2018-04-12T17:39:39+00:00","author":{"@id":"https:\/\/www.molllawgroup.com\/blog\/#\/schema\/person\/53d2eb37d5d0cdb46ac61abacf05ce90"},"description":"In some cases, the cause of an injury is clear. But in certain cases, especially when people\u00a0have a long, complicated medical history, the cause of the — June 29, 2016","breadcrumb":{"@id":"https:\/\/www.molllawgroup.com\/blog\/court-holds-man-required-submit-physical-examination-defendants-expert-evaluate-injuries\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.molllawgroup.com\/blog\/court-holds-man-required-submit-physical-examination-defendants-expert-evaluate-injuries\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.molllawgroup.com\/blog\/court-holds-man-required-submit-physical-examination-defendants-expert-evaluate-injuries\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.molllawgroup.com\/blog\/"},{"@type":"ListItem","position":2,"name":"Court Holds that Man Required to Submit to Physical Examination by Defendant\u2019s Expert to Evaluate Injuries"}]},{"@type":"WebSite","@id":"https:\/\/www.molllawgroup.com\/blog\/#website","url":"https:\/\/www.molllawgroup.com\/blog\/","name":"Illinois Injury and Mass Tort Lawyer Blog","description":"Published by Illinois Injury and Mass Tort Attorney \u2014 Moll Law Group","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.molllawgroup.com\/blog\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/www.molllawgroup.com\/blog\/#\/schema\/person\/53d2eb37d5d0cdb46ac61abacf05ce90","name":"Moll Law Group","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/secure.gravatar.com\/avatar\/0febdc96ea554e620e775358f9d7e4fc56616188dfd2bb21b18c2fed4bd185a0?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/0febdc96ea554e620e775358f9d7e4fc56616188dfd2bb21b18c2fed4bd185a0?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/0febdc96ea554e620e775358f9d7e4fc56616188dfd2bb21b18c2fed4bd185a0?s=96&d=mm&r=g","caption":"Moll Law Group"}}]}},"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/www.molllawgroup.com\/blog\/wp-json\/wp\/v2\/posts\/893","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.molllawgroup.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.molllawgroup.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.molllawgroup.com\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.molllawgroup.com\/blog\/wp-json\/wp\/v2\/comments?post=893"}],"version-history":[{"count":1,"href":"https:\/\/www.molllawgroup.com\/blog\/wp-json\/wp\/v2\/posts\/893\/revisions"}],"predecessor-version":[{"id":2069,"href":"https:\/\/www.molllawgroup.com\/blog\/wp-json\/wp\/v2\/posts\/893\/revisions\/2069"}],"wp:attachment":[{"href":"https:\/\/www.molllawgroup.com\/blog\/wp-json\/wp\/v2\/media?parent=893"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.molllawgroup.com\/blog\/wp-json\/wp\/v2\/categories?post=893"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.molllawgroup.com\/blog\/wp-json\/wp\/v2\/tags?post=893"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}