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Developed and maintained by the Division of Legislative Automated Systems.
2005 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 16.1-88.2 of the Code of Virginia is amended and reenacted as follows:
§ 16.1-88.2. Evidence of medical reports or records; testimony of health care provider or custodian of records.
In a civil suit tried in a general district court or filed
in a general district court and removed to circuit court where the claim does
not exceed the jurisdictional amount set forth in § 16.1-77 to recover
damages for personal injuries or to resolve any dispute with an insurance
company or health care provider, either party may 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 and examination by a report from the
treating or examining health care provider as defined in § 8.01-581.1 and the
records of a hospital or similar medical facility at which the treatment or
examination was performed. Such medical report shall be admitted if the party
intending to present evidence by the use of a report gives the opposing party
or parties a copy of the report and written notice of such intention ten
10 days in advance of trial and if attached to such report is a sworn
statement of the treating or examining health care provider that: (i) the
person named therein was treated or examined by such health care provider; (ii)
the information contained in the report is true and 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 and accurate. Such hospital
or other medical facility record shall be admitted if attached to it is a sworn
statement of the custodian thereof that the same is a true and accurate copy of
the record of such hospital or other medical facility. If, thereafter, the
plaintiff or defendant summons the health care provider or custodian making
such statement to testify in proper person or by deposition taken de bene esse,
the court shall determine which party shall pay the fee and costs for such
appearance or depositions, or may apportion the same among the parties in such
proportions as the ends of justice may require. If such health care provider or
custodian is not subject to subpoena for cross-examination in court or by a
deposition de bene esse, then the court shall allow a reasonable opportunity
for the party seeking the subpoena for such health care provider or custodian
to obtain his testimony as the ends of justice may require.