X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

CPLR §4519, the so-called "Dead Man's Statute," should not be applied to bar the admission of otherwise relevant and admissible testimony in the defense of a medical malpractice action. In cases where the issue arises, a strong argument can be made that the plaintiff, having waived the physician-patient privilege by bringing the action and putting the defendant's treatment of the decedent at issue, should likewise be deemed to have waived the application of the Dead Man's Statute—a rule of evidence that prohibits an "interested" party or witness from testifying, at trial, as to communications or transactions with a deceased person, where the testimony is offered against the administrator or executor of the decedent's estate.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.