N.J. Supreme Court Ruling May Reshape IME Procedures For Defendants

A recent N.J. Supreme Court decision and subsequent update to New Jersey Rule 14:19-2 has changed how parties, specifically defendants, need to approach Independent Medical Examinations (IMEs) in bodily injury matters. These formal developments follow what was already a shifting landscape.

In DiFiore v. Pezic, 254 N.J. 212 (2023), the Court discussed whether the attendance of third-party observers at an IME should be permitted. The Court found that trial judges "must balance both the need for an accurate record and the imbalance of power between a medical professional and a patient against any valid concern regarding the expert's ability to conduct an accurate assessment of the patient's condition with a recording or a neutral third-party observer." Id. at 238. Such a balancing test, the Court stated, must be conducted on a case-by-case basis, without "absolute prohibitions or entitlements." The Court provided several factors that can influence this balancing test,