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 may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.
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.
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, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
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 educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
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!
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. The information provided herein is not, and is not intended to be, legal advice. The content herein is for information and educational purposes only, and is based on the limited information provided. Any information provided is not intended to, and does not, create any attorney/client relationship where none exists. For legal advice, please consult with an attorney. While this posting is made for informational purposes only for the AVVO community, to the extent one seeks to contact me based on the content herein, or that this may be viewed by some to be attorney advertising, please be advised of the following: *Attorney Advertising
Sign up to receive a 3-part series of useful information and advice about personal injury law.