Tort Law

Brien Roche

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Records-Medical. For more information about medical records see the pages on Wikipedia.  

Records-Medical-Statutes

Va. Code § 8.01-390.2 stating that reports of the chief medical examiner may be received into evidence when duly attested to.

Va. Code § 8.01-413 indicating that medical records may be subpoenaed prior to institution of suit.

Va. Code § 16-1-88.2 as to admissibility of medical records and bills by means of affidavit in General District Court.

Records-Medical-Cases

2012 Arnold v. Wallace, 283 Va. 709, 725 S.E.2d 539.
In this personal injury action, a sufficient foundation was laid for admission of patient medical chart through testimony of doctor in that practice group that treated her explaining the regular preparation of the record and reliance upon it in treating the plaintiff. Objecting party should have noted objection to presence of opinions in the records.

2002 May v. Caruso, 264 Va. 358, 568 S.E.2d 690.
Plaintiff sought to admit 300 pages of medical records in this medical malpractice action. Trial court properly excluded them on the grounds of them being cumulative. Such decisions by the trial court are governed by an abuse of discretion standard.

1973 Boone v. Commonwealth, 213 Va. 695, 194 S.E.2d 689.
`Shopbook Rule” exception to hearsay rule is restricted to facts or events within personal knowledge and observation of recording official. Note in hospital records that ambulance driver stated defendant was in auto accident is inadmissible.

1972 Meade v. Belcher, 212 Va. 796, 188 S.E.2d 211.
Doctor should not have been allowed to base his opinion, wholly or partially, on contents of records not admitted into evidence.

1963 Dalton v. Johnson, 204 Va. 102, 129 S.E.2d 647.
Records of prior hospitalization were admitted in compliance with “Shopbook Rule.”

1963 City of Portsmouth v. Cilumbrello, 204 Va. 11, 129 S.E.2d 31.
Physician-patient privilege is removed when physical or mental condition of patient is at issue in pending litigation.

1961 Fink v. Higgins Gas & Oil Co., 203 Va. 86, 122 S.E.2d 539.
Letter from consulting doctor to treating doctor is hearsay.

1958 Basham v. Terry, 199 Va. 817, 102 S.E.2d 285.
Decedent’s medical file at V.A. hospital was not admitted because Title 38 USCA § 465, which states that these records are privileged and confidential and their contents may be disclosed only under specified conditions, had not been complied with.

1949 Crist v. Fitzgerald, 189 Va. 109, 52 S.E.2d 145.
Records-medical. Evidence of medical bill, obtained by plaintiff’s attorney and agent, admitted into evidence. Admission constituted harmless error as not prejudicial to defendant and not claimed to be excessive. Note: decision states that had bill been sent to plaintiff, she could have testified as to amount demanded of her.