Key Takeaway
Dr. Dov Berkowitz's courtroom antics caught on tape create serious implications for personal injury cases and no-fault insurance claims involving medical experts.
The credibility of medical experts can make or break a case in both personal injury litigation and no-fault insurance disputes. When a physician’s professional conduct comes under scrutiny, it creates ripple effects throughout the legal system that attorneys must carefully navigate. The medical community’s reputation for integrity is particularly crucial in New York’s complex no-fault insurance framework, where physicians regularly serve as expert witnesses and treating doctors whose opinions can determine case outcomes.
Recent events involving a prominent orthopedic surgeon highlight how quickly a medical professional’s standing can shift from respected expert to liability. This situation demonstrates the importance of thoroughly vetting medical experts and understanding how their conduct outside the courtroom can impact legal proceedings. Just as we’ve seen in other cases where medical records have worked against plaintiffs, the credibility of medical professionals remains a cornerstone of successful litigation strategy.
Jason Tenenbaum’s Analysis:
First, happy Labor Day here. Second, this article was too good not to post, although it is the type of red meat I save for my Facebook feed. It is relevant too all practitioners, whether you retain him as your expert in a PI case or oppose him, represent him or oppose him on his no-fault collections, or have a pulse and want to know what is going on here.
Assuming that Dr. Berkowitz and his entities places his receivables into arbitration, this will never come out except as an “oh by the way”. On his Plaintiff no-fault cases, it would make decent cross-examination fodder. On a PI case, I would be looking for a new expert.
Key Takeaway
When medical experts face professional scandals, attorneys must quickly assess the impact on pending cases. While arbitration proceedings may limit public exposure of such issues, the damage to credibility can be significant in jury trials where expert testimony is crucial. Smart practitioners will distance themselves from compromised experts and seek alternatives to protect their clients’ interests.
