Why Trust This Analysis
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.
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.
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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 personal injury case, I would be looking for a new expert. Whether the claim involves serious injury under §5102(d) or a no-fault collection matter, a compromised expert creates risk at every stage. For a reference on expert credibility in New York litigation, see the legal encyclopedia.
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.
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Legal Context
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.
If you need legal help with a 5102(d) issues matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.
