Cynthia Robinson and Adrian Ward Discuss Expert Ambiguity in CPLR
In an article published by the New York Law Journal, health care litigation attorneys Cynthia Robinson and Adrian Ward, discussed the ambiguity built into CPLR 3101 and the inconsistencies that follow.
The New York CPLR governs, among other things, the exchange of expert disclosures in litigation. For the most part, CPLR removed the use of surprise witnesses, evidence, or theories of liability due to its structured manner of practice to facilitate a fair trial.
There are, however, items within the statute that still allow for gamesmanship. Cynthia and Adrian explained how the vague use of a “sufficient” amount of time to give notice to opposing counsel complicates motions to preclude expert testimony.
Cynthia and Adrian also called out the lack of avenues for enforcement under the current wording of this section of the CPLR. The determination of what constitutes the nebulous “good cause” is at the court’s discretion. They stated, “Of course, courts should contemplate extenuating circumstances when considering a remedy as harsh as the preclusion of an expert, but without more guidance from the statute there is often little recourse to the non-offending party for the prejudice they withstand as a result.”
For more specifics regarding the ambiguity of CPLR and to read the full article click here.
A leading health care litigator, Cynthia Robinson defends doctors, nurses, hospitals and other healthcare providers in high-stakes medical malpractice litigation from case inception to trial. For the entirety of her career, Cynthia has focused her practice exclusively on medical malpractice defense. She listens to her clients; she anticipates and avoids future potential risk; and she identifies not only the best legal arguments but the best way those should be made based upon the circumstances and parties involved.
Adrian Ward’s vast experience studying biology has translated seamlessly into his defense of healthcare professionals and institutions, giving him a uniquely informed approach that allows him to effectively advocate for each of his clients. He passionately advocates on his client’s behalf, expertly balancing being personable, approachable and persuasive.
