NY State Senate Bill 2017-S6797

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to judiciary
Jun 18, 2017	referred to rules

2017-S6797 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §§3102 & 3101, CPLR

2017-S6797 (ACTIVE) - Summary

Prohibits ex-parte interviews of other party's treating physicians or health care providers in personal injury, medical, dental, or podiatric malpractice, or wrongful death actions; relates to scope of disclosure for expert witnesses.

2017-S6797 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6797

 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.

2017-S6797 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6797
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               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 prohib-
   iting certain ex-parte interviews; in relation to the scope of disclo-
   sure of certain experts

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, 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 REPRES-
 ENTS  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.

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Senate Bill S6797

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

2017-S6797 (ACTIVE) - Details

2017-S6797 (ACTIVE) - Summary

2017-S6797 (ACTIVE) - Sponsor Memo

2017-S6797 (ACTIVE) - Bill Text download pdf

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Sponsored By

John A. DeFrancisco

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

2017-S6797 (ACTIVE) - Details

2017-S6797 (ACTIVE) - Summary

2017-S6797 (ACTIVE) - Sponsor Memo

2017-S6797 (ACTIVE) - Bill Text download pdf

Comments