Recording Defense Medical Examinations and Psychological Evaluations and Assessments Used in a Court of Law

Webinar Details


Mark R Brengelman




HIPAA and Compliance


May 24, 2022 , 01 : 00 PM EST |  1 Days Left


60 Minutes

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Recording Defense Medical Examinations and Psychological Evaluations and Assessments Used in a Court of Law: Is it allowed?  Best Practices and Current Standards.

This new and advanced, Psychological Evaluation and Assessments webinar examines the court standards a judge may use to allow a defense medical examination to be recorded for scrutiny. Injury cases in the court system allow for mental health damages as personal injury. Mental injuries can be more subjective than physical injuries, yet sympathetic plaintiffs stand to gain thousands of dollars in money damages for them.

Because of the thousands of dollars at stake, defense attorneys and their insurance companies who bankroll them will often hire their own expert witness doctor to perform their own Defense Medical Examination.

How can the plaintiff counter such inquiries? There will be a demand for the recording of the Defense Medical Examination or the permission to have the event observed by a third party.

Under what standards, if any, may a court allow recording the doctor’s work while it is being performed?

The appellate courts of New Jersey examined these very issues in three separate personal injury cases combined with standards for how all such actions may allow the recording of a Defense Medical Examination. The courts outlined a framework for both the recording of Defense Medical Examinations and the allowance of third parties simply to observe them.

See how judges of the trial court may decide on a case-by-case basis how and even whether to allow these third-party observations or the recording of the entire Defense Medical Examination.

Inflexible rules will not do in these cases where “too many permutations of circumstances” require an inflexible rule to be used in all situations. Whose burden is it then to demonstrate those standards have been met?

Find out in this new, and advanced Psychological Evaluations webinar that provides answers as to recording Defense Medical Examinations and Psychological Evaluations and Assessments.

Areas Covered

  • Outline of Plaintiff’s damages necessitating expert witness testimony on mental health diagnoses
  • Explanation of the necessity of the use of a defense medical expert
  • Types of doctors who may perform an expert witness evaluation and more importantly testify about it
  • Examples of standards in state licensure law that may prevent a mental health professional from allowing such a recording
  • Examples of national codes of ethics used for guidance by the courts and how codes of ethics may not apply
  • Review a new case from the New Jersey appellate courts on if and when a litigant may record examinations by medical professionals retained by defendants – or have third parties accompany them to such a session.


Injury cases in the court system allow for damages for physical and mental injuries. While mental injuries can be more subjective, a sympathetic plaintiff stands to reap thousands of dollars for it.

Defense attorneys and their insurance companies are heavily invested in disproving mental injuries and will hire their own expert witnesses to perform a Defense Medical Examination.

Plaintiff’s counsel will counter these efforts by demanding to record the doctor’s evaluation in progress to point out bias and flaws. Under what standards, if any, will a court allow the recording of a doctor’s work while it is being performed?

Why Should You Attend

Erase the fear, uncertainty, and doubt over proving your case for mental injures when the defense hires its own expert to disprove yours.

When the defense hires its own doctor to examine a party plaintiff, when may a court allow the recording of a doctor’s work while it is being performed, if such recording is allowed at all?

Who Should Attend

  • Plaintiff’s attorneys
  • Mental health professionals
  • Defense attorneys
  • Insurance attorneys
  • Insurance adjustors
  • Psychiatrists
  • Psychologists
  • Social workers
  • Marriage and family therapists
  • Professional clinical counselors
  • Alcohol and drug counselors
  • Pastoral counselors
Mark R Brengelman
Mark R Brengelman

(Attorney at Law, PLLC)

Mark R. Brengelman became interested in law when he graduated with both Bachelor’s and Master’s degrees in Philosophy from Emory University in Atlanta.  He earned a Juris Doctorate from the University of Kentucky College of Law.  Mark became an Assistant Attorney General in Kentucky in the area of administrative and professional law as the assigned counsel and prosecuting attorney to numerous health professions licensure boards. 

He retired from the state government, became certified as a hearing officer, and opened his own law practice, including work as a legislative agent (lobbyist).

As a frequent participant in continuing education, Mark has been a presenter for over fifty national and state organizations and private companies as the:

  • Kentucky Bar Association
  • Kentucky Office of the Attorney General
  • National Attorneys General Training and Research Institute, and
  • Federation of Associations of Regulatory Boards (FARB).

This also includes FARB’s member clients as the:

  • Association of State and Provincial Psychology Boards
  • Federation of State Boards of Physical Therapy
  • National Council of State Boards of Nursing
  • National Association of State Emergency Medical Services Officials
  • National Association of State Contractors Licensing Agencies, and;
  • American Association of Veterinary State Boards.

Mark was the founding presenter for “Navigating Ethics and Law for Mental Health Professionals,” approved by five Kentucky licensure boards.  He also founded “The Kentucky Code of Ethical Conduct:  Ethical Practice; Risk Management, and; the Code of Ethical Conduct” as an approved, state-mandated continuing education for social workers offered as a video-on-demand.

Mark has now worked for all three branches of state government has worked since June 2018 as the Enforcement Counsel for the Kentucky Legislative Ethics Commission, an independent regulatory body that oversees 138 elected state legislators and nearly 800 registered lobbyists.  Continuing as an ethics attorney, Mark is also the contract counsel for the Ethics Commission of the Louisville Metro Government, a city and county merged government, the largest city in Kentucky, and the 45th largest metropolitan statistical area in the United States.

Mark focuses on representing health care practitioners before licensure boards and in other professional regulatory matters and representing children as Guardian ad Litem and parents as Court Appointed Counsel in confidential child dependency, neglect, and abuse proceedings and termination of parental rights and adoption proceedings in family court.