Getting Prior IME Reports
An IME (or CME Compulsory Medical Exam, or DME Defense Medical Exam) is expert testimony. Therefore, it is subject to scientific trustworthiness and reliability. Federal Rule of Evidence 702 and Supreme Court Case Daubert and its progeny provide guidelines for courts in many jurisdictions. 
However, Nevada is guided by principles of trustworthiness and reliability espoused in Santillanes v. State, 104 Nev. 699, 703-05, 765 P3d 1147 (1988).
Therefore, in this author’s opinion, whenever presented with an opinion from an adverse source the law should allow for the investigation and scrutiny of that opinion and its scientific or junk-science nature. Hence, prior IME (CME or DME) should be turned over to the other side. One side should be allowed to review another side’ propensities in prior reports/expert opinions. One need not know any personal information about the subject of the prior opinions and so there is no need to worry about divulging private information.
However, the knowledge regarding the adverse opinion in the current matter may well stem from adverse propensities, such as financial gain to the one with the adverse opinion, to mention but one.
Southern Nevada currently has a Discovery Commissioner who rules that prior “IME reports” are not discoverable based on her belief that even if the names are protected, information about injury is private to the unnamed individual.
I try to obtain “IME” reports from defense “experts” prior to deposing them to study their pattern of testimony. The Commissioner has yet to allow it and on appeal of her decision, the same issue will soon confront the Judges in the Eight Juridical District Court.
I will update this issue.
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