Key Takeaway
Court rules that a physician's medical affirmation remains admissible even after license revocation, as long as the affirmation was executed while licensed.
When courts evaluate medical expert testimony in personal injury cases, questions often arise about the qualifications and credentials of the medical professionals providing opinions. A particularly complex issue emerges when a physician’s license status changes after they’ve already submitted their expert opinion to the court. The First Department’s decision in Ocean v Hossain addresses this precise scenario, clarifying when timing matters most in determining the admissibility of medical expert testimony.
This case involved a physician whose medical license was revoked after he had already provided an expert affirmation in support of a personal injury case. The trial court initially excluded the physician’s opinion based on his current unlicensed status, but the appellate court found this reasoning flawed. Understanding when medical expert testimony remains viable despite subsequent licensing issues is crucial for both plaintiffs and defendants in personal injury litigation.
Jason Tenenbaum’s Analysis:
Ocean v Hossain, 2015 NY Slip Op 02840 (1st Dept. 2015)
“The court concluded that Dr. Bhatt’s affirmation could not be considered because he was no longer licensed to practice medicine in New York. In the context of the renewed motion for summary judgment, this was error. Dr. Bhatt’s medical license was revoked before the renewed motion was argued. However, he was licensed to practice medicine in New York when the affirmation was subscribed and when it was submitted to the court in opposition to defendants’ original motion for summary judgment (see Fung v Udin, 60 AD3d 992 ). The revocation of Dr. Bhatt’s license raises issues of credibility, but “t is not the court’s function on a motion for summary judgment to assess credibility”
The affirmation was executed prior to the physician’s loss of license. Thus, the affirmation goes to credibility, not admissibility.
Key Takeaway
The timing of when a medical expert’s affirmation is executed determines its admissibility, not the expert’s license status at the time of the court’s consideration. If a physician was properly licensed when they provided their expert opinion, subsequent license revocation affects the weight of their testimony rather than its admissibility. This distinction between admissibility and credibility is fundamental to how courts handle expert testimony challenges in personal injury cases.
