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GETTING IN OUT-OF-STATE MEDICAL RECORDS

Breaking News

Dear Colleague,

I am in Albany for the last day of legislative session and I wanted to share the good news – today, the New York State Senate passed important legislation relating to the admissibility of out of state medical records.

S.1597A (Bonacic) passes the Senate.

Out-of-state hospital records can be critical to demonstrate the extent of harm suffered by a plaintiff or provide the evidentiary basis for resolving a dispute.

When hospital records are located out-of-state, written certifications are typically used to lay the foundation for admission into evidence.

But out-of-state hospital administrators are often unfamiliar with New York’s rules for certification of records, and this can delay or block admission of such medical records.

This bill provides that admissibility of out-of-state hospital records may be established either by a certification or authentication by the head of the hospital, laboratory, department or bureau of a municipal corporation or of the state, or by an employee delegated for that purpose, or by a qualified physician.

NYSTLA urges the Assembly to promptly pass this bill: A.3406A (Titone).

Sincerely,

Evan M. Goldberg

President

New York State Trial Lawyers Association

For more information please contact NYSTLA’s Legislative Director, Suzanne Mattei, at (212) 349-5890 or email smattei@nystla.org.

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