Kemeny v. Skorch

The problem presented by this appeal is whether the defendants’ attorney on a pre-trial hearing in a personal injury case should be allowed to have the report of a medical examination made for plaintiff’s attorney by an examining physician. An examining physician or medical expert is one who examines a patient not with a view to treating him, but to report his findings to the attorney and ultimately to testify if the case goes to trial. James A. Dooley (hereinafter called respondent), attorney for plaintiff, offered the reports of attending physicians, but refused to submit the report of the…