The Use of Medical Records in Personal Injury Cases

In personal injury cases, the Plaintiff most prove that he or she suffered damages as a result of the defendant’s negligence.  Damages are most often proven through the use of medical bills as evidence at trial.  However, Mississippi courts require that the records be authenticated prior to being admitted as evidence.

Mississippi Rule of Evidence 803(6) provides that business records may be admitted at trial. However, for the records to be admissible, the rule requires that the custodian or ” other qualified witness” testify to their authenticity. M.R.E. 803(6). Otherwise, the document must be self-authenticating pursuant to Rule 902(11). M.R.E. 803(6). For a document to be self-authenticating, it must include a ” written declaration under oath or attestation” from a custodian or other qualified witness that meets the authentication requirements of Rule 803(6). M.R.E. 902(11).  Rhoda v. Weathers, 87 So.3d 1036 (Miss. 2012)

A “written declaration” or “oath” from the records custodian may come in the form of an Affidavit signed and notarized.  Once the affidavit is determined to be sufficient, the records will be allowed into evidence.

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