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2013 SESSION
13100701DBe 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 [ 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 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. ]