Observers should be excluded from neuropsychological exams

For the Defense

By Donald P. Eckler

Donald “Pat” Eckler is a partner at Pretzel & Stouffer focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the legislative chair of the Illinois Association of Defense Trial Counsel. Eckler also is the co-host of the Podium and Panel podcast with Daniel Cotter. His views are his own and not those of his firm or its clients.

Posted March 17, 2021 12:28 PM

Trial judges are in a better position than members of the General Assembly to manage discovery in any given case, particularly with regard to cases involving alleged traumatic brain injury in which neuropsychological testing is sought by the defense.Despite that, and in the face of established scientific objections to the practice of having such testing observed and Supreme Court Rule 215 that vests the trial court with the authority to set the conditions of such an examination, 735 ILCS 5/2-1003(d) attempts to require the …

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