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2013 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 appealed
to the circuit court by any defendant 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 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. The plaintiff may only present evidence pursuant to
this section in circuit court if he has not requested an amount in excess of
the ad damnum in the motion for judgment filed in the general district court.