Legal Question in Medical Malpractice in New York
in a med mal case when the defense requests arons authorizations from the plaintiff, does this mean that they plan on going to trial.
2 Answers from Attorneys
Not necessarily, that is just something that they normally request during the course of discovery. This gives the defense counsel a right to talk to your treating physicians and under the law the defense counsel does not have to disclose the information gleaned from those interviews to the plaintiff's attorney. It is very frustrating.
You should know that many medical malpractice cases are tried and I would mentally prepare yourself for trial.
If the defendants move on the Arons authorizations, speak with your doctors, and learn information they believe is hurtful to their defense, settlement may actually be facilitated. Your doctors are not obligated to speak with defense counsel when presented with an Arons authorization. They may decline to be interviewed. Best, M. E. Zuller