Illinois law has method by which a court can order a civil litigant to undergo physical or mental examination. The point of the rule is to make sure that both sides have the ability to examine a party. In other words, it would not be fair for the defendant if the plaintiff got to pick all of her medical providers and the defendant could not have their own doctor examine the litigant. Illinois Supreme Court rule 215 is a procedure allowing doctors to examine patients. The doctor is supposed to prepare a report within 21 days of the examination.
In Batson vs. Township Village Associates, the issue became whether or not a doctor who did not turn over the report within the 21 days could testify. Linda Batson claimed she was injured while riding in an elevator owned by Township Village Associates. By filing suit, she placed her physical condition at issue because she claimed she got injured. The defense hired Dr. Mitchell Rotman to examine the plaintiff. Dr. Rotman met with plaintiff on August 15, 2016. On August 31, 2016 Rotman fax a copy of his report to the defense lawyer hired him. He did not however, fax mail or deliver a copy of report plaintiff’s counsel.
The parties took a deposition on September 13, to 2016 of one of the plaintiffs treating doctors, Dr. Baak. Before the questioning started the lawyer for the plaintiff stated, on the record, that he had not received a copy of Dr. Rotman’s report. He also indicated he intentionally scheduled the evidence deposition seven days after the 21-day time limit so that he would have the report prior to Dr. Baak’s evidence deposition. Counsel for the plaintiff filed a motion to bar Rotman’s testimony.