 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Olges v. Dougherty8/29/2003
he human body may or may not be greater than that of a medical doctor authorized by law to prescribe the drug, we cannot permit a nonphysician, who cannot legally prescribe a drug, to testify concerning the standard of care that should be exercised in the prescription of the drug."); Lundgren v. Eustermann, 370 N.W. 2d 877, 880-81 (Minn. 1985) (reversing determination in a medical malpractice action that a psychologist was qualified to give opinions on the standard of care required of a medical doctor because a psychologist lacks "practical experience or knowledge of what physicians do" and therefore "does not have the practical knowledge and experience contemplated").
V.
Not every automobile accident case gives rise to good cause to require the plaintiff to undergo a mental examination. See Byxbee v. Reyes, 28 Fla. L. Weekly D1444 (Fla. 4th DCA June 18, 2003). Here, once Mr. Olges abandoned his original efforts to recover damages for mental anguish, emotional distress and other emotional damages, his mental condition ceased to be "in controversy" as contemplated by the rule. See Partner-Brown v. Borstein, 734 So. 2d 555, 556 (Fla. 5th DCA 1999). Dr. Shahnasarian's testimony did not establish otherwise. See Fla. R. Civ. P. 1.360(a)(1) ("A party may request any other party to submit to . . . [a mental] examination . . . when the condition that is the subject of the requested examination is in controversy."); Bjerke v. Nash Finch Co., 2000 WL 33339658, at *1 (D.N.D. Feb. 1, 2000) (holding a mental examination unwarranted where plaintiff withdrew claims of intentional and negligent infliction of emotional distress in response to defendant's motion to compel a mental examination, yet still prayed for "compensatory damages, including mental anguish and humiliation," because "plaintiff's claim as a `garden variety' claim of emotional distress that does not place her mental condition genuinely in controversy" and the plaintiff did "not intend to offer expert testimony"); Smith v. J.I. Case Corp., 163 F.R.D. 229, 230-31 (E.D. Pa. 1995) (denying motion to compel mental examination where plaintiff withdrew separate claim for emotional distress yet retained claims for embarrassment and myofascial pain syndrome, where plaintiff had no expert to testify about embarrassment and did not allege that the embarrassment was severe or amounted to a psychotic disorder).
The petition for writ of certiorari is granted, and the order under review is quashed.
WOLF, C.J. and ERVIN, J., CONCUR.
Page 1 2 3 4 Florida Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|