State Codes and Statutes
Statutes > Virginia > Title-16-1 > Chapter-6 > 16-1-88-2§ 16.1-88.2. Evidence of medical reports or records; testimony of health careprovider or custodian of records.
In a civil suit tried in a general district court or appealed to the circuitcourt by any defendant to recover damages for personal injuries or to resolveany dispute with an insurance company or health care provider, either partymay present evidence as to the extent, nature and treatment of the injury,the examination of the person so injured and the costs of such treatment andexamination by a report from the treating or examining health care provideras defined in § 8.01-581.1 and the records of a hospital or similar medicalfacility at which the treatment or examination was performed. Such medicalreport shall be admitted if the party intending to present evidence by theuse of a report gives the opposing party or parties a copy of the report andwritten notice of such intention 10 days in advance of trial and if attachedto such report is a sworn statement of the treating or examining health careprovider that: (i) the person named therein was treated or examined by suchhealth care provider; (ii) the information contained in the report is trueand accurate and fully descriptive as to the nature and extent of the injury;and (iii) that any statement of costs contained in the report is true andaccurate. Such hospital or other medical facility record shall be admitted ifattached to it is a sworn statement of the custodian thereof that the same isa true and accurate copy of the record of such hospital or other medicalfacility. If, thereafter, the plaintiff or defendant summons the health careprovider or custodian making such statement to testify in proper person or bydeposition taken de bene esse, the court shall determine which party shallpay the fee and costs for such appearance or depositions, or may apportionthe same among the parties in such proportions as the ends of justice mayrequire. If such health care provider or custodian is not subject to subpoenafor cross-examination in court or by a deposition de bene esse, then thecourt shall allow a reasonable opportunity for the party seeking the subpoenafor such health care provider or custodian to obtain his testimony as theends of justice may require.
(1978, c. 490; 1983, c. 616; 1985, c. 379; 1989, c. 563; 1990, c. 279; 1996,c. 749; 2005, c. 811; 2007, cc. 425, 869.)
