NY High Court Cuts Middle Path For Medical Disclosure

Law360, New York (August 13, 2014, 10:58 AM EDT) -- The New York Court of Appeals recently reversed a trial court's order requiring plaintiffs in lead poisoning cases to produce detailed medical reports chronicling each alleged injury and causally connecting those injuries to plaintiffs' exposures to lead-based paint before defense medical examinations. In a joint opinion addressing two plaintiffs' cases, New York's highest court held there is no requirement that plaintiffs "provide medical evidence of each alleged injury or otherwise be precluded from offering evidence of that injury at trial." (See Hamilton v. Miller/Giles v. A. Gi Yi, NY Slip. Op. 04230 (June 12, 2014).) But, the state high court's opinion was limited to a New York statute requiring disclosure of certain documentary evidence before defense medical examinations. In other words, the Court of Appeals did not vitiate altogether the requirement that a personal injury plaintiff provide medical documentation substantiating his or her injuries....

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