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This article is part of our ongoing 5102(d) issues coverage, with 89 published articles analyzing 5102(d) issues issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
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This case involved a physician whose medical license was revoked after he had already provided an expert affirmation in support of a personal injury case.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 Bhatt’s medical license was revoked before the renewed motion was argued.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”
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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.
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Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
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