Two weeks ago, I wrote about the foundational requirements for introducing a defendant’s medical records in a DWI trial. Soon after I posted, a reader asked whether introducing those records through an affidavit from a records custodian violates a defendant’s Sixth Amendment right to confront witnesses against him or her. My answer is, generally speaking, no.
medical records
Introducing a Defendant’s Medical Records in a DWI Trial
I have previously written about how the State may obtain the medical records of a person suspected of or charged with impaired driving. This post focuses on the requirements for admitting those records at trial.
DWI Update: May 2020 Edition
My colleagues and I usually spend the waning weeks of May slogging through months of appellate opinions, determining which cases merit discussion at upcoming summer conferences. This year, of course, there are no live summer conferences. Yet we are still slogging. We are delivering a virtual criminal case update for district court judges this week … Read more
Obtaining Medical Records in DWI Cases
When a person suspected of driving while impaired is involved in a crash and receives medical treatment, the State may wish to obtain the person’s medical records for use in criminal prosecution. What standards and procedures govern the disclosure of such records?
Special Rules for the Admission of Hospital Medical Records
Rule 45. This rule surprised me. Before I learned about it, I assumed that when a party sought to introduce hospital medical records at trial, a records custodian appeared in court to testify that the records met the requirements for the business records hearsay exception. Turns out, however, that because of this rule, custodians of … Read more
Out-of-State Requests for in-State Medical Records
From time to time, an officer from another state wants to get medical records from a North Carolina hospital. For example, a South Carolina officer may want the medical records of a driver who was involved in an accident just south of the border and who was taken to a North Carolina hospital. The officer … Read more
Obtaining Medical Records under G.S. 8-53
I’ve received questions from both prosecutors and defense lawyers about whether and how the state can obtain a suspect’s — or a defendant’s — medical records when those records may contain information relevant to a criminal investigation. The most frequently-asked questions are addressed in the scenario below. Take a look, and post a comment if … Read more