Medical Records Retrieval

Defense Counsel Permitted To Cross-Examine Plaintiff Concerning Statements Made In Pre-Accident Medical Records The issue in Graham v. Venetianer, 2024 N.J. Super. Unpub. LEXIS 819 (App. Div. May 8, 2024) is whether the trial court made an error in permitting plaintiff to be cross-examined concerning her prior medical history, as well as focusing on her pre-accident admissions in those records during the summation to the jury. Plaintiff was in an accident with the vehicle driven by the defendant on April 7, 2016.?Following the accident, she treated for spinal injuries, resulting in spinal surgeries performed by a neurosurgeon in 2018 and 2019.?The plaintiff had medical experts testify for her at trial, which did not include her family doctor, Dr. Linda Guirguis.?However, on cross-examination, defense counsel questioned plaintiff about her prior medical history and confronted her with admissions and statements attributed to her about her pain and therapy regimen in Dr. Guirguis’s medical records.?These records were never admitted into evidence. The trial court found that the defense’s cross-examination of plaintiff regarding her pre-accident medical treatment was proper.?Upon appeal, plaintiff argued that she was unfairly prejudiced by defense counsel’s use during cross-examination of the pre-accident medical records. The Appellate Division concluded that the scope of plaintiff’s cross-examination, to the extent it focused on her medical condition prior to her 2016 accident, was permissible as an exception to the hearsay rule in that the statements were made to assist in her diagnosis. Yet another case illustrating the importance of truly understanding a plaintiff’s prior medical condition. We are excited to partner with so many defense firms in transforming a plaintiff’s medical records into powerful litigation tools!

Congratulations to Alexandra Paez and Harold Saul of Kubicki & Draper on their complete defense verdict based in large part to their medical?defense! Yet another case demonstrating the importance of knowing every detail of the plaintiff's medical history! If you need assistance gathering a plaintiff's medical records (and not just from those providers the plaintiff wants you to know about), we are standing by to be your medical litigation defense assistant! ? https://lnkd.in/efePyQSA

Celebrating our 500,000th collected medical record! https://lnkd.in/etDY8UxS