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Powell v. Catholic Medical Center3/21/2000
ehind extending the business records exception to include medical records was to bring accurate and reliable records into the courtroom in order to strike a sensible balance between the conflicting interests of the medical profession . . . and the discovery of truth in litigation." Id. at 715, 474 A.2d at 1039 (quotations omitted).
"Whether the record is sufficiently verified to justify its admission is a preliminary question of fact for the trial judge to pass upon." Id. at 716, 474 A.2d at 1039 (quotations omitted). Again, we will not reverse the trial court's ruling on the admissibility of evidence absent an abuse of discretion. See Simpson, 144 N.H. at ___, 744 A.2d at 629.
At trial, although Dr. Lanes did not testify, other witnesses testified about Dr. Lanes' consultation report. Dr. Curtis testified that his patients were cared for by a treatment team, which included consultant physicians whom he brought in to aid his treatment of patients. Dr. Curtis further testified that he would receive information from other sources, such as staff and therapists, when treating patients.
At trial, the following exchange took place between the plaintiff's counsel and a nurse from CMC regarding the report:
[Counsel:] You were the case manager to [the patient] for the, in essence, the duration of his stay from the time you were appointed the case manager; is that correct?
[Witness:] Yes.
[Counsel:] You're looking at a report that is the report of consultation authored by Dr. Lanes. Date of consult [June 23, 1993]; is that correct?
[Witness:] Yes.
[Counsel:] That report of consultation, , was part of [the patient's] chart and you had seen it before today, have you not?
[Witness:] Yes.
[Counsel:] Now, through your experience as case manager for [the patient], you understood that Dr. Curtis himself had referred [the patient] for a consult with Dr. Lanes; is that correct?
[Witness:] Yes.
[Counsel:] And he referred that consult on June 22. Do you recall that?
[Witness:] Yes.
Further, defense counsel, in a colloquy with the trial judge, conceded that Dr. Curtis requested that Dr. Lanes be brought in as a consultant to advise him of the patient's status. Thus, Dr. Lanes' report was identified as a hospital record, prepared as part of a routine treatment plan, kept in the course of treating the patient, and relied upon by the treating physician. Under these circumstances, we need not address whether a medical opinion not relied upon by the treating physician is otherwise admissible. Thus, we conclude that the trial court did not abuse its discretion by allowing the report into evidence.
Affirmed.
THAYER and NADEAU, JJ., did not sit; the others concurred.
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