The Ohio Supreme Court is considering revising Civil Rule 35 to allow plaintiffs to record defense medical exams. See page 4 of the following link http://bit.ly/2hEVzh8. The period for public comment ends on November 22, 2017.
For those of us on the defense side, this poses a serious concern. In my mind it is fundamentally unfair. Other than as a means of either intimidating the physicians who perform defense medical examinations or attempting to discredit the examiner in the mind of the jury there is no reason to record what goes on during an examination. Defendants have no right to record the examinations conducted by the medical expert the plaintiff intends to call in the case. The converse should also be true.
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