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What is an Expert Witness Reply in a New York Medical Malpractice Case? Attorney Oginski Explains

Posted by attorney Gerald Oginski

Did you know that in a medical malpractice lawsuit in the state of New York, as the case gets closer to trial each side is required to notify the other side of the medical experts they have hired in order to testify at trial. Legally, this is known as a 3101(d) reply.

The number refers to the civil practice law and rules in the State of New York. That particular section refers to the expert witness requirements to put the other side on notice that an expert will be coming in to testify.

In addition to notifying the defense about the medical experts, we are required to also tell them the following things:

The credentials of our expert; where they went to medical school; where they did their internship and residency training; where they are licensed to practice medicine and whether they are board-certified.

Incidentally, in New York, we do not identify our medical experts by name. There is a specific reason for that.

Watch the video to learn more.

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