$I Billion for Injured New Yorkers
Our Results
  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $7.75 Million NYC - Medical Malpractice Case
Rosenberg, Minc, Falkoff & Wolff, LLP
Experienced & Trusted Medical Malpractice Lawyers
Call today for a Free Consultation
Serving the greater NYC Area: Manhattan, Brooklyn, Queens, Bronx & Staten Island

In New York You cannot Question the Defense's Medical Experts during a Deposition

In your medical malpractice case, can you question the medical experts of the defense during a pre-trial testimony in New York?

The short answer is no. In New York, no set and definable procedure exists that allows the plaintiff the opportunity to question the defense's medical experts, who will be brought in at trial to testify against the plaintiff. Your lawyer will obviously have the opportunity to question them during cross-examination at the time of trial.

However, during the course of the discovery phase, from the time you start your medical malpractice lawsuit, all the way up to trial, no set definable procedure that gives you the ability to go ahead and question the witnesses for the defense, who are coming in specifically as medical experts. These witnesses are different from the people whom you are suing, whom you believe have caused you harm and injury due to violations of basic standards of medical care. These can be doctors and hospitals, and you are entitled to question them during depositions or pretrial testimony.

No Set Procedure in New York that Enables Plaintiff to Question Defense's Medical Expert Witnesses before the Trial

Since the defense has to bring in medical experts to defend their case, why can't the plaintiff question them during the deposition and cross-examine them before the trial begins? In personal injury cases, the plaintiff is allowed to question the witnesses of the defense during the deposition. Additionally, in many other states, attorneys have the opportunity to question the defense's medical experts during a pretrial testimony known as a deposition. However, in New York this procedure does not exist.

Exception to the Rule

In New York however, there are a couple of exceptions to this rule, and it will only happen when the medical expert is physically incapable of coming into court to testify. For instance, this doctor may have to perform surgery the entire day of the trial, and there is no way of moving any of the surgeries to another date. In such a situation, the doctor can give his opinion and reveal what exactly he is testifying to. He can invite the attorneys to his office and they can question him, as if it were a trial.

In such instances, the attorney will have to use a specific procedure to notify everybody involved in the case that the doctor cannot come in at trial, and instead they will be using his videotaped deposition in order to go ahead and give the testimony. In such limited instance, the plaintiff's lawyer will have the opportunity to question and cross-examine this medical expert during the course of pretrial testimony or deposition.

Risk to the Plaintiff

Hence, the usual practice is that the plaintiff's lawyer will not be able to question the defense's medical expert witnesses before the trial during a deposition. This could be a disadvantage, since the plaintiff does not know what points the expert might make during the trial, and if they are strong points, it will could sway the jury in favor of the defense.

No Comments

Leave a comment
Comment Information

Learn About Medical Malpractice Cases in NYC

Watch all videos »

Listen to our clients

Watch all videos »

Case of the month

$7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit

Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."

The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.

Medical Malpractice Blog

$25 million verdict against New York Methodist Hospital
When a child is born, parents expect the doctor, nurses and other staff to provide care that is up to the...
Read This Malpractice Post

Experienced & Trusted medical malpractice lawyers

  • Top Lawyers 2016
  • Litigator Awards
  • Verdicts and Settlement Hall of Fame
  • BBB Accredited Business | A+
  • Avvo Rating 10.0 Superb | Top Attorney Medical Malpractice
  • Rated By Super Lawyers | Daniel C. Minc | 5 years
Call 1-866-516-5887 or email us to set up your free, confidential consultation. Our experience can make a difference for you.

Office Locations - Call today to schedule a consultation 1-866-516-5887

16 Court Street
Brooklyn, NY 11241

Brooklyn Law Office

3101 Broadway
Astoria, NY 11106

Astoria Law Office

8900 Sutphin Blvd
Suite 501
Queens, NY 11435

Queens Law Office

9201 4th Ave
Brooklyn, NY 11209

Brooklyn Law Office

Firm News

Robert H. Wolff Named President
Firm Attorney, Robert H. Wolff is now the president of the New York City Bronx County Bar Association
About This Attorney

Back to Top