QUESTION
ARE HOSPITAL RECORDS CONTAINING DIAGNOSES, TESTS & RESULTS ADMISSIBLE IN CRIMINAL COURT WITHOUT HAVING TO CALL THOSE DOCTORS AS WITNESSES?
Asked on Nov 01st, 2013 on Automobile Accidents - Nevada
More details to this question:
FAINTED WHILE DRIVING & STRUCK A TRUCK FROM BEHIND. REALIZING MOST COURTS BELIEVE THIS FACT CREATES A PRIMA FACIE CASE, I CHOSE TO ARGUE A "SUDDEN MEDICAL EMERGENCY" DEFENSE IN COURT. WHEN I ATTEMPTED TO ADMIT HOSPITAL RECORDS AS EVIDENCE CONTAINING THE DIAGNOSES OF 10+ HOSPITAL DOCTORS, THE JUDGE TOLD ME HE WOULDN'T PERMIT IT UNLESS I ACTUALLY CALLED THOSE DOCTORS TO TESTIFY. AFTER RESEARCHING THE ADMISSIBILITY OF HOSPITAL RECORDS, I FOUND CASES NUMEROUS WHERE HOSPITAL RECORDS ARE PERMITTED WITHOUT WITNESSES. IN Rupp v. Travelers Indemnity Co., supranote 1, at 22, 115 N.W. 2d at 616. 7WIs. STAT. §251.18 (1961), THE SUPREME COURT CITED THE IMPRACTICALITY OF CALLING SO MANY MEDICAL STAFF TO VALIDATE RECORDS. DO YOU BELIEVE THE JUDGE "CHOSE" NOT TO ALLOW MY EVIDENCE OR WAS HE IN ERROR?
1 ANSWER
R. Christopher Reade
Without speculating as to the reasoning why a judge may have made an evidentiary ruling, NRS 52.015 requires authentication or identification of records as a condition precedent to admissibility. One way to obtain such records is to subpoena the Custodian of Medical Records and to have such authenticated records produced to the clerk of the court issuing the subpoena a true and exact photographic, electrostatic or other acceptable copy of the original record authenticated; the copy must be authenticated by an affidavit signed by the custodian of the medical records verifying that it is a true and complete reproduction of the original medical record and that the original record was made at or near the time of the act, event, condition, opinion or diagnosis by or from information transmitted by a person with knowledge in the course of a regularly conducted activity. NRS 52.325. The records are kept in the custody of the clerk of the court and not be opened except pursuant to the direction of the court during the trial of the case, for the purpose of discovery as provided in NRS 52.365, or upon special order of the court. NRS 52.335.
Answered on Nov 01st, 2013 at 3:41 PM