Buffalo personal injury attorneys must abide by very specific rules if they wish to provide medical information to the court prior to trial. This medical information may be needed when, for example, one of the parties makes a motion to the court in which your medical condition is an issue.
For plaintiffs in personal injury cases, any medical information submitted to the court during motion practice must be in the form of either a sworn statement of the medical provider or medical records certified to be authentic by the person responsible for records at the medical office. The defense, however, is not so limited in what they may submit. While the report of any medical provider who examined the plaintiff on behalf of the defense must be in the form of a sworn statement, the defense may rely on uncertified medical records to support their position.
While this law may provide the defense with a slight advantage during motion practice because they do not have to go through the process of having records certified if they wish to use them, the Appellate Division Court for the Fourth Department – the court overseeing the lower courts in Western New York – has ruled that if a defense medical expert relies on or references a medical record in his or her report, the plaintiff may then rely upon the same medical record without the need to have it authenticated. By using it, the defense has essentially conceded that the record is authentic.
If you have suffered an injury and have any questions regarding this topic, please feel free to call us 716-542-5444.
{ 0 comments… add one now }