S. Ct. Rule 215 Neuropsychological Exams Versus 735 ILCS 5/2-1003(d)
By Michael Rothmann
Tort Law,
April 2025
In tort claims, the Defendant usually seeks a Rule 215 neuropsychological exam of an injured party suffering from prolonged post-concussion symptoms or more significant traumatic brain injury. Pursuant to 735 ILCS 5/2-1003(d) (2025), plaintiffs have the right to have their attorney present and have the right to video record the examination. Defendants invariably argue that no person, other than the injured party, can be present during the neuropsychological exam to ensure the validity of the test and protect the intellectual property of the test and test materials. These arguments do not overcome the statute and fail even if no such statute existed.
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