GWEN STRESSMAN AND WAYNE C. DUNCAN, HER HUSBAND, PETITIONERS,
v.
ANTOINETTE LEFLER AND ANTHONY LEFLER, RESPONDENTS
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Trial court did not depart from essential requirements of law in denying plaintiff's request for a registered nurse employed as legal assistant to attend independent medical examination, where counsel sought to use the nurse to provide expert testimony he could not ethically provide himself.
A trial court does not abuse its discretion in denying a plaintiff's request for a registered nurse employed as a legal assistant to attend an independent medical examination when the nurse is intended to provide expert testimony that counsel could not ethically provide.
[1] A trial court does not abuse its discretion in denying a party's request for a nurse-employee to attend an independent medical examination when the nurse is intended to p…
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PER CURIAM.
The plaintiffs petition for a writ of certiorari, arguing that the trial court departed from the essential requirements of the law in denying their request for a registered nurse to attend the wife’s independent medical examination in this personal injury lawsuit. Although the trial judge denied this request, he stated at the hearing that he would allow a court reporter to be present at the examination. See Collins v. Skinner, 576 So. 2d 1377 (Fla. 2d DCA 1991); Stakley v. Allstate Ins. Co., 547 So. 2d 275 (Fla. 2d DCA 1989). We deny the petition.
Plaintiffs’ counsel correctly argues that, as a general rule, he would be entitled to attend this examination. Stak-ley. At trial, if he wished to contest the doctor’s description on the examination, he would not be ethically authorized to testify. Fla.Bar Code Prof.Resp. D.R. 4-3.7. The registered nurse is employed by the plaintiffs’ counsel as a legal assistant. It is clear that plaintiffs’ counsel wishes to use his nurse-employee to provide expert testimony that he himself could not provide. From this record, we cannot conclude that the trial court departed from the essential requirements of the law in denying the plaintiffs’ request for this specific person to attend the examination. Accordingly, we deny the petition for writ of certiorari.
LEHAN, A.C.J., and PARKER and ALTENBERND, JJ., concur.
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Wilkins v. Palumbo, 617 So. 2d 850 (Fla. 2d DCA 1993)…ntal limitation, the need for such assistance is questionable. Second, plaintiffs have requested a doctor or nurse to attend an examination, essentially to validate or dispute the examining doctor’s findings and conclusions. See Stressman v. Lefler, 597 So. 2d 308 (Fla. 2d DCA 1992). We can understand that such a person could be a substantial distraction during the examination for both the plaintiff and the examining physician. Thus, we are not holding that the strong presumption extended to the attendance of…
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Maraman v. State, 980 So. 2d 1096 (Fla. 2d DCA 2008)…highly specialized skills.”). Also, the attorney’s presence itself would not satisfy the need for an objective record with which to confront the State’s expert because the attorney would not normally be available to testify. See Stressman v. Lefler, 597 So. 2d 308, 309 (Fla. 2d DCA 1992) (recognizing that although attorney may attend the exam, “[a]t trial, if he wished to contest the doctor’s description on the examination, he would not be ethically authorized to testify”). In short, the law does not permit…
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Stephens v. State, 932 So. 2d 563 (Fla. 1st DCA 2006)…ecause the trial court did not depart from the essential requirements of the law in denying petitioner’s request that his expert witness be allowed to attend petitioner’s examination by a neuropsychologist selected by the state, Stressman v. Lefler, 597 So. 2d 308 (Fla. 2d DCA 1992)(holding it is not a departure from the essential requirements of law to deny request to have registered nurse attend an independent medical examination of the plaintiff), the petition for writ of certiorari is DENIED. The denial i…
Authorities Cited
- Stakley v. Allstate Ins. Co., 547 So. 2d 275 (Fla. 2d DCA 1989)
- Collins v. Skinner, 576 So. 2d 1377 (Fla. 2d DCA 1991)