What's happening
This bill prohibits ex-parte interviews with opposing parties' health care providers in certain lawsuits and requires full expert disclosure.
Why it matters
Limits defense access to plaintiff’s health care providers. By banning ex-parte (private, off-the-record) interviews with the opposing party’s treating physicians or health care providers, the bill aims to protect sensitive medical information and patient privacy, potentially impacting how defense teams gather evidence in personal injury and malpractice suits.
Shifts balance of discovery power. These restrictions could make it harder for defendants (like doctors, hospitals, or insurers) to independently investigate a plaintiff’s medical history, possibly resulting in more reliance on formal depositions and written discovery, which are subject to oversight and objections.
Increases transparency of expert witnesses. By requiring full disclosure—including names—of all experts expected to testify in medical, dental, or podiatric malpractice cases, the bill seeks to level the playing field and prevent “trial by ambush,” so both sides can prepare more effectively for cross-examination and trial strategy.
Impacts ongoing and future cases. The law applies not only to cases filed after its effective date but also to currently pending cases, meaning parties in existing lawsuits will need to adjust their approach to discovery and expert disclosure mid-stream, potentially complicating litigation strategy.
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Who cares
Personal injury and malpractice defense attorneys
The bill would bar parties and their representatives from conducting ex-parte interviews with another party’s treating physicians or other health care providers in covered cases, including wrongful death actions.
Patients, estates and their attorneys
The bill would preserve ex-parte conversations with treating providers for attorneys representing the patient, the patient’s estate or guardian, and those attorneys’ agents or employees.
Treating physicians and other health care providers
The bill would restrict their private interviews with opposing parties and those acting on their behalf in covered lawsuits.
Medical, dental and podiatric malpractice litigants and expert witnesses
The bill would require parties to disclose the names of expected expert witnesses upon request, removing the existing option to withhold those experts’ names.
Headline styles
Ban Private Doctor Interviews
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to rules
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6797
2017-2018 Regular Sessions
IN SENATE
June 18, 2017
Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the civil practice law and rules, in relation to prohibiting certain ex-parte interviews; in relation to the scope of disclosure of certain experts
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3102 of the civil practice law and rules is amended by adding a new subdivision (c-1) to read as follows:
(c-1) Ex-parte interviews. In any action involving personal injury, medical, dental or podiatric malpractice, or wrongful death, no party or anyone acting on behalf of a party may either directly or indirectly conduct ex-parte interviews with the treating physicians or other health care providers of any other party. Nothing in this subdivision shall prohibit an attorney or the agent or employee of an attorney who represents the patient, the estate of the patient, or the natural or duly appointed guardian of the patient whose condition is at issue in the action from conducting ex-parte conversations with a treating physician or other health care provider of the patient.
§ 2. Subparagraph (i) of paragraph 1 of subdivision (d) of section 3101 of the civil practice law and rules, as amended by chapter 184 of the laws of 1988, is amended to read as follows:
(i) Upon request, each party shall identify each person whom the party expects to call as an expert witness at trial and shall disclose in reasonable detail the subject matter on which each expert is expected to testify, the substance of the facts and opinions on which each expert is expected to testify, the qualifications of each expert witness and a summary of the grounds for each expert's opinion. However, where a party for good cause shown retains an expert an insufficient period of time before the commencement of trial to give appropriate notice thereof, the party shall not thereupon be precluded from introducing the expert's
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02829-03-7
S. 6797 2
testimony at the trial solely on grounds of noncompliance with this paragraph. In that instance, upon motion of any party, made before or at trial, or on its own initiative, the court may make whatever order may be just. In an action for medical, dental or podiatric malpractice, a party, in responding to a request, [may omit the names of medical, dental or podiatric experts but] shall be required to disclose all [other] information concerning such experts otherwise required by this paragraph.
§ 3. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to all actions involving personal injury, medical, dental or podiatric malpractice, or wrongful death filed on and after such date and to all such actions pending on such effective date except as to conduct prohibited by section one of this act which occurred prior to such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to prohibiting certain ex-parte interviews; in relation to the scope of disclosure of certain experts
Purpose
This bill would prevent certain ex-parte interviews of treating physicians or other health care providers of any other party, in an action involving personal injury, medical, dental or podiatric malpractice, or wrongful death.
This bill would eliminate an exception that expressly allows a party, when responding to a request, to omit the names of medical, dental or podiatric experts.
Summary of provisions
Section one would amend section 3102 of the civil practice law and rules to add a new subdivision (c-1) that would prohibit any party, or anyone acting on behalf of a party, from conducting any direct or indirect ex-parte interviews with the treating physicians or other health care providers of any other party, in any action involving personal injury, medical, dental or podiatric malpractice, or wrongful death. The bill also clarifies that an attorney, or an agent or employee of the attorney who represents the patient, estate of the patient, or natural or appointed guardian of the patient, whose condition is at issue, would be authorized to conduct ex-parte conversations with a treating physician or other health care provider of the patient.
Section two would amend 3101 of the civil practice law and rules to eliminate an exception that expressly allows a party, when responding to a request, to omit the names of medical, dental or podiatric experts.
Justification
In the interests of justice for all parties in any action involving personal injury, medical, dental or podiatric malpractice, or wrongful death, this bill prevents certain ex-parte interviews of other parties' treating physicians or other health care providers.
This bill eliminates an exception that allowed parties to avoid disclosing the names of medical, dental or podiatric experts, when responding to a request in an action for medical, dental or podiatric malpractice.
Legislative history
New Bill
Fiscal implications
None.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law and shall apply to all actions involving personal injury, medical, dental or podiatric malpractice, or wrongful death filed on and after such date and to all such actions pending on such effective date except as to conduct prohibited by section one of this act which occurred prior to such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.