Key Takeaway
When medical expert opinions conflict with facts, the facts must prevail in NY personal injury cases. Protect your claim. Call 516-750-0595.
When Medical Opinion Testimony Conflicts with Facts in New York Personal Injury Cases
In personal injury litigation, medical expert testimony often forms the cornerstone of proving or disproving injury claims. However, the Fourth Department’s ruling in Monzon v Porter, 2019 NY Slip Op 04855 (4th Dept. 2019) reinforces a fundamental principle: “Where opinion testimony is contradicted by the facts, the facts must prevail.”
This principle has significant implications for personal injury cases throughout New York and Long Island, particularly when medical experts provide opinions that conflict with objective evidence.
Understanding the Facts vs. Opinion Principle
Medical expert testimony, while crucial, cannot override objective facts established by the evidence. This principle applies to both plaintiff and defense experts in personal injury cases.
Types of Factual Evidence That Trump Opinion
- Medical imaging results (MRIs, X-rays, CT scans)
- Objective test results and measurements
- Hospital records and emergency room reports
- Documented physical findings by examining physicians
- Video surveillance or photographic evidence
- Employment records showing actual work limitations
Common Scenarios Where Facts Prevail
Personal injury attorneys frequently encounter situations where expert opinions conflict with established facts:
Defense IME Doctors vs. Treatment Records
Insurance company doctors may opine that an injury has resolved, but contemporaneous treatment records showing ongoing pain, limitations, and treatment may contradict this conclusion.
Causation Disputes
An expert may claim an injury wasn’t caused by an accident, but emergency room records documenting immediate post-accident complaints can establish the factual basis for causation.
Disability Assessments
When experts claim full recovery, but employment records show inability to return to prior work duties, the factual evidence supports ongoing disability.
Strategic Implications for Personal Injury Cases
The Monzon principle requires careful attention to factual development in personal injury cases:
Building Strong Factual Foundations
- Ensure thorough documentation of all medical treatment
- Obtain objective testing whenever possible
- Document functional limitations through various sources
- Preserve all relevant records from the accident scene
- Gather witness testimony about observed limitations
Challenging Contradictory Expert Opinions
When expert opinions conflict with established facts, attorneys can:
- Highlight specific factual contradictions during cross-examination
- Use documentary evidence to impeach unsupported conclusions
- Emphasize the Monzon principle in legal arguments
- Request jury instructions on weighing facts versus opinion
Frequently Asked Questions
Can a medical expert’s opinion be completely disregarded?
While expert testimony carries significant weight, courts can and will disregard opinions that directly contradict established facts. The key is identifying clear, objective evidence that undermines the expert’s conclusions.
What types of facts are most important in personal injury cases?
Contemporaneous medical records, objective test results, and documented functional limitations typically carry the most weight when they conflict with expert opinions about injury severity or causation.
How do courts handle conflicting expert testimony?
When experts disagree, courts look to the underlying factual support for each opinion. Those opinions better supported by objective evidence typically prevail under the Monzon principle.
Can insurance company experts ignore treatment records?
No. While IME doctors may reach different conclusions than treating physicians, they cannot simply ignore well-documented factual evidence in the medical records.
If your personal injury case involves conflicting medical opinions, don’t let experts override the facts. Our experienced legal team knows how to use objective evidence to support your claim and challenge contradictory expert testimony. Call 516-750-0595 for a free consultation.
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- Understanding no-fault insurance fee schedules and medical billing disputes
- Personal Injury legal representation
Common Questions
Frequently Asked Questions
How long do I have to file a personal injury claim in New York?
In New York, the statute of limitations for most personal injury claims is three years from the date of the accident. However, medical malpractice claims must be filed within two and a half years. It's crucial to consult with an attorney as soon as possible to protect your rights.
What damages can I recover in a personal injury case?
In New York personal injury cases, you may recover economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress). The specific damages depend on the severity of your injuries and their impact on your life.
