Don’t Forget to Use the Medical Records!

An important lesson to remember — statements in medical records can be useful (which is, after all, why we subpoena the records in the first place!) Take this recent Second Department case. In Kamalov v. BIA Group, LLC, plaintiff moved for summary judgment under Labor Law § 240(1). The trial court found that although plaintiff made a prima facie showing of entitlement to judgment as a matter of law, defendant raised a triable issue of fact as to the manner in which the accident occurred through statements contained in plaintiff’s medical records.

The Second Department affirmed the trial court’s decision, — http://www.nycourts.gov/reporter/3dseries/2010/2010_09890.htm
— finding that plaintiff failed to demonstrate that the relevant portions of the medical records submitted by the defendants in opposition constituted inadmissible hearsay. The Court reasoned that because the statements were germane to the diagnosis and/or treatment of plaintiff, they were properly considered business records.

Special thanks to Gabe Darwick for his contributions to this post. For additional information, please contact Bob Cosgrove at rcosgrove@wcmlaw.com