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2013 SESSION
13100770DBe 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 the following:
1. 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.; or
2. The records or
bills of a hospital or similar medical facility at which the treatment or examination
was performed. Such hospital or other medical facility record
records or bills shall be admitted if (i) the
party intending to present evidence by the use of records
or bills gives the opposing party or parties a copy of the records or bills and
written notice of such intention 10 days in advance of trial and
(ii) attached to it the records or bills is a
sworn statement of the custodian thereof that the same is a true and accurate
copy of the record records or bills 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.