Personal Injury

Asked over 1 year ago - Troy, NY

I am pro se. I was examined by a dermatologist regarding an injury that a product caused me. I am about to subpoena the doctor’s official report as soon as I receive my trial date so that I can read it out loud to the jury. The doctor, board certified, is no longer in the United States.

Will New York State Supreme Court allow this document as evidence and allow me to read it to the jury?

Attorney answers (7)

  1. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . Wow - i completely disagree with the other posters, so I guess it comes down to who you believe.

    If the record is that of a treating physician, and you obtain a certified copy of it by subpoena so that it is sent directly to the Court Subpoenad record room, the trial judge will upon oral motion generally admit all of the medical records as evidence, and you will be permitted to read from it.

    That said, the other side could object, and a likely will, if they have doubts about your ability to lay a proper foundation for the record, and pro se litigants are often tested in this regard.

    You should be aware, that simply reading from a report of a treating physician is not enough to create liability on the part of a product manufacturer. You need an expert to offer in opinion with respect to whether the produce is defective and why.

    As for the record itself, there are ways to get it into evidence over objection, even if the doctor is no longer in the u.s. Support staff, or another doctor in the office, can provide the authentication necessary.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  2. Gregory Scott Gennarelli

    Pro

    Contributor Level 14

    6

    Lawyers agree

    Answered . The records can come into evidence under CPLR 3122-A as long as they are properly certified and you disclose your intention to use them at trial at least thirty days prior to trial, specifying a place where the defendants can have an opportunity to exam them. While other evidentiary issues may arise, a physicians records can come into evidence without the doctor or someone from his office coming in to testify.

    New York Plaintiff's Personal Injury Attorney Serving NYC, Long Island, Westchester and the surrounding areas.... more
  3. Michael J Palumbo

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . I would like to remind the esteemed posters that our time and advice is our stock in trade. Value yourselves! Value your time! Value your advice! Value your profession!

  4. Jeffrey Ira Schwimmer

    Contributor Level 19

    4

    Lawyers agree

    Answered . If the doctor was one that you as plaintiff sought treatment from, or examined you in a capacity as an expert, then not only can you not submit his report into evidence, but you must first serve that report on the defendant to be even allowed to call that doctor as a witness at trial (assuming you can get the doctor to return for your trial). - and you can not wait until the actual trial to do that, as you would likely find yourself at the bad end of a preclusion order for waiting until trial to exchange the doctor's report. If the doctor was truly hired as an expert, then you must also serve a CPLR 3101(d) expert witness information exchange, There are many rules of evidence and procedure which effect what evidence, and how that evidence can be admitted before trial and as a Pro Se litigant, you are behind the proverbial 8 Ball, if defendants is represented by an experienced trial attorney.

  5. Sean Michael Patrick

    Contributor Level 16

    5

    Lawyers agree

    Answered . It is unlikely that a judge will allow a report to be read into evidence. The report itself is hearsay, and is inadmissible unless it falls within one of the numerous exceptions. Is your lawsuit against the M.D. or the manufacturer?

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which... more
  6. Jeffrey Mark Adams

    Contributor Level 20

    3

    Lawyers agree

    Answered . Is this your doctor or an examining doctor.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  7. Michael Ryan Juarez

    Contributor Level 16

    4

    Lawyers agree

    Answered . Probably not.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more

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