For the jury to reach a decision in a Buffalo personal injury lawsuit, they will obviously need accurate medical information regarding the injury. While both the defense and the plaintiff in a personal injury lawsuit will usually present at least one medical treatment provider to explain their position regarding the injuries, the injured person has frequently treated with additional medical providers.
While information from these medical providers may be useful, requiring all of them to testify at trial would take a great deal of time and add to the expense of conducting a trial. It would also require all of them to take time away from their medical practice. When medical information from these providers would be helpful at trial but the testimony of the treatment provider is not essential, one, or both, of the parties may issue a subpoena duces tecum to that treatment provider.
This subpoena duces tecum is a legally binding request that documents be brought to the courthouse. Typically, instead of requiring an individual from the medical practice to testify regarding the authenticity of the records, the parties will accept a certification signed by the record keeper at the medical facility affirming that the records are complete and unaltered.
If you have suffered a personal injury and have any questions, please feel free to call us at 716-542-5444.
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