What Is Medical Records Affidavit?

What is a medical records affidavit in personal injury law?

A medical records affidavit is a sworn statement from a medical provider or custodian confirming that attached medical records are accurate, complete and kept in the normal course of business. In personal injury cases, it is often used to admit medical records into evidence without requiring live testimony from the provider.

• Confirms accuracy of medical records.
  
  
• Sworn statement under oath.
  
  
• Helps admit records into evidence.
  
  
• Saves time by avoiding in-person testimony.
  
  

Why are medical records affidavits used?

They streamline the legal process by allowing medical records to be entered into court without calling each doctor or hospital staff member to testify. This reduces costs and speeds up trials.

• Avoids live testimony for basic record authentication.
  
  
• Reduces trial costs.
  
  
• Speeds up legal proceedings.
  
  
• Standard in many personal injury cases.
  
  

What must a medical records affidavit include?

Typically, it includes the custodian’s name and role, confirmation the records are true copies, and a statement that they were kept in the regular course of business. The exact language may be dictated by state law.

• Custodian’s identity and role.
  
  
• Confirmation records are true copies.
  
  
• Statement records kept in normal course of business.
  
  
• Compliance with state law wording.
  
  

Are there limits to using medical records affidavits?

Yes. While they can authenticate records, they can’t replace expert testimony when the meaning of the records is disputed. Also, opposing parties may still object and require live testimony.

• Cannot replace expert medical opinions.
  
  
• Opponents can challenge authenticity.
  
  
• May require live testimony if disputed.
  
  
• Rules vary by jurisdiction.
  
  

Conclusion:
Medical records affidavits make proving medical facts in personal injury cases faster and more efficient, but they don’t replace the need for expert testimony on complex medical issues.