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mri film evidence

Court Rules that a Defense Expert Cannot Review MRI Films for the First Time at Trial

By Attorney Michael B. Zerres on June 9, 2011

In a non-medical malpractice case, but on an issue that is certainly relevant to medical malpractice practioners, the Appellate Division in Ingrao v. Goncalves, A-1332-10T1, ruled that a defense expert could not examine MRI films for the first time in Court.

The case involved a damages only trial following a motor vehicle accident. Defendant’s examining defense expert, Francis DeLuca M.D. attempted to review MRI films taken of the patient’s lumbar spine for the first time in Court. Those films were available for review well before trial and Dr. DeLuca never requested copies to review when he examined the plaintiff, or, at any time thereafter. Read the rest »


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