Key Takeaway
NY courts limit defendants' ability to depose treating physicians, requiring proof that testimony is unrelated to diagnosis/treatment and no other discovery avenue exists.
In New York personal injury litigation, defendants often seek to depose treating physicians to challenge medical opinions or explore alternative theories about a plaintiff’s injuries. However, New York courts have established protective barriers around treating physicians, recognizing the important doctor-patient relationship and the potential burden on healthcare providers.
The legal standard for obtaining depositions of treating physicians requires defendants to meet specific criteria. They must demonstrate that the testimony they seek is unrelated to diagnosis and treatment, and that deposing the physician is the only available method to obtain the information. This creates a challenging hurdle for defendants who may prefer direct examination of treating doctors over other discovery methods.
While New York generally favors broad discovery rules in civil litigation, the courts balance this against protecting the medical profession from unnecessary litigation burdens. This tension between discovery rights and physician protection frequently arises in examination before trial (EBT) proceedings, where timing and scope of discovery become critical strategic considerations.
Jason Tenenbaum’s Analysis:
Matter of 91 St. Crane Collapse Litig, 2018 NY Slip Op 01651 (1st Dept. 2018)
“In any event, the court providently exercised its discretion in denying the relief sought since the moving defendants failed to show that the testimony they seek is unrelated to diagnosis and treatment and is the only avenue of discovering the information sought ”
The Court goes out of its way to prevent defendants to obtain depositions of treating doctors. The public policy of New York of allowing broad discovery does have its limits.
Key Takeaway
This decision reinforces New York’s protective approach toward treating physicians in litigation. Defendants cannot simply request depositions of treating doctors without meeting stringent requirements. They must prove the testimony sought goes beyond diagnosis and treatment matters and that no alternative discovery methods exist. This standard helps preserve the integrity of the doctor-patient relationship while maintaining fairness in the discovery process.
