What New York Attorneys Should Ask Before Retaining a Psychiatric IME Expert

Stephan M. Carlson, MD, MBA, FAPA · Civil Psychiatric IME

A psychiatric IME is not simply a clinical interview conducted in a litigation setting. In New York civil litigation, it is a discovery examination with a defined procedural purpose, a limited scope, and a report that must survive adversarial testing. The questions counsel asks before retaining the examiner often determine whether the final opinion is useful, defensible, and appropriately limited. Start with the scope of the examination Under CPLR 3121(a), a mental examination becomes available when a party’s mental condition is in controversy. That procedural frame matters. The examination should be directed to the condition placed in issue, not to every psychiatric symptom, treatment episo

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