In their medical malpractice column for the New York Law Journal on Law.com, Thomas A. Moore and Matthew Gaier discuss New York’s Dead Man’s Statute, codified in CPLR 4519 in their article, “Dead Man’s Statute: A Potentially Powerful Evidentiary Rule.”
The Dead Man’s Statute can be highly consequential in medical malpractice actions where communications or transactions between a doctor and a patient are substantial, and one of the participants in the communication or transaction is deceased or considered mentally ill. The rule exists to prevent individuals from attributing any statement to someone who cannot respond, with potentially devastating ramifications for the estate of the decedent. However, exceptions and limitations on the rule may prevent truthful and pertinent evidence from ever being heard.
To read the full article, click here.
This medical malpractice column written by Tom Moore and Matt Gaier, New York personal injury attorneys, is a resource used by countless attorneys throughout New York state regarding issues of medical malpractice.