N.Y. Comp. Codes R. & Regs. tit. 22 § 206.14

Current through Register Vol. 46, No. 45, November 2, 2024

Section 206.14 - Exchange of medical reports in personal injury and wrongful death actions

Except where the court otherwise directs, in all actions in which recovery is sought for personal injuries, disability or death, physical examinations and the exchange of medical information shall be governed by the provisions hereinafter set forth:

(a) At any time after joinder of issue, and subject to the time limitation set forth in subdivision (b) of this section, the defendant may serve on claimant a notice fixing the time and place of examination. The notice shall name the examining medical provider or providers. Claimant may move to modify or vacate the notice within 20 days of the receipt thereof.

(b) At least 30 days before the date of such examination, or on such other date as the court may direct, claimant shall deliver to defendant the following, which may be used by the examining medical provider or providers:

(1) copies of the medical reports of those medical providers who have previously treated or examined the claimant. These shall include a recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and identifying those X-ray and technicians' reports which will be offered at the trial, including a description of the injuries sustained, a diagnosis and a prognosis. Medical reports may consist of medical provider, workers' compensation, or insurance forms that provide the information required by this paragraph;

(2) duly executed and acknowledged written authorizations permitting the defendant to obtain and make copies of all hospital records and such other records, including X-ray and technicians' reports, as may be referred to and identified in the reports of those medical providers who have treated or examined the claimant.

(c) A copy of the report or reports of the medical provider or providers making the examination pursuant to this section shall be furnished to the claimant within 60 days after completion of the examination. Such copy or copies shall comply with the requirements of paragraph (b)(1) of this section.

(d) In actions where the cause of death is in issue, claimant shall exchange with defendant no later than 45 days after service of the bill of particulars copies of the report or reports of all treating and examining medical providers whose testimony will be offered at the trial, complying with the requirements of paragraph (b)(1) of this section, and claimant will furnish authorizations to the defendant to examine and obtain copies of all hospital records, autopsy or post-mortem reports, and such other records as provided in paragraph (b)(2) of this section. In any case where the interests of justice will not be served by exchange of such reports and delivery of such authorizations, an order dispensing with either or both must be obtained upon motion made before the expiration of time set forth in this section.

(e) Unless an order to the contrary is made or unless the judge, at trial, in the interests of justice and upon a showing of good cause shall hold otherwise, claimant shall be precluded at the trial from offering in evidence any part of the hospital records and all other records, including autopsy or post-mortem records, X-ray reports or reports of other technicians, not made available pursuant to this Part, and no party shall be permitted to offer any evidence of injuries or conditions not set forth in the respective medical reports previously exchanged, nor will the court hear the testimony of any treating or examining medical providers whose medical reports have not been exchanged as provided by this Part.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 206.14