Thursday, May 5, 2016

Hearsay, admissibility, and hospital reords.

Practice point:  A hearsay entry in a hospital record is admissible under the business records exception to the hearsay rule if the entry is germane to the diagnosis or treatment of the patient.

Student note:  If the entry is inconsistent with a position taken by a party at trial, it is admissible as an admission by that party, even if it is not germane to diagnosis or treatment, as long as there is evidence connecting the party to the entry.

Case:  Berkovits v. Chaaya, NY Slip Op 03131 (2d Dep't 2016)

Here is the decision.

Tomorrow's issue: Labor Law and accidents outside New York State.