Last week in Lamalfa v. Hearn, the Maryland Court of Appeals held that medical records could be admitted over hearsay objections when the records are relied on by an expert witness and the records satisfy 4 conditions of Maryland Rule 5-703(b).
Like most states, Maryland has a statutory business records exception to the hearsay rule. The thinking is that businesses — most businesses, anyway — keep reliable records which makes them more trustworthy than other forms of hearsay. So admitting hospital records into evidence is a common practice in malpractice and other injury and wrongful death cases.
The post looks at Lamalfa and how to admit medical records at trial with a sample direct examination.