bill of particulars personal injury new york

This decision hopefully softens, if not completely reverses, this long-held precedent. As a result, defendants are greatly disadvantaged when seeking to minimizing their potential exposure to broad allegations that are potentially related to prior injuries, such as lost earrings and loss of enjoyment of life. Essentially, the First Department has limited the ability to obtain a plaintiff’s prior treatment records for injuries not affirmatively placed in controversy. Historically, the First Department is known for a strict interpretation of the physician-patient privilege, which greatly benefits the plaintiff in a personal injury action. This decision greatly benefits the defense bar and has significant implications for cases venued in the First Department (Manhattan and Bronx Counties). Last week, a decision was authored by the Court of Appeals of New York regarding the issue of obtaining medical records for prior injuries not affirmatively placed into controversy by the plaintiff (i.e. The decision moves the law closer to the approach followed in the Second Department, which allows for more liberal discovery of prior medical conditions in personal injury cases, where a plaintiff has generally claimed a loss of enjoyment of life. In Brito v Gomez, 2019 NY Slip Op 06452 (Decided September 9, 2019), the Court of Appeals (New York’s highest Court) has drastically undercut well-settled First Department precedent, which has historically restricted discovery of prior medical conditions in personal injury cases, unless a plaintiff affirmatively claimed the injury in the lawsuit. Danielsen, partner and co-chair of KDV’s General Liability Defense Practice Group

Bill of particulars personal injury new york