Massachusetts § 79H Tort actions for personal injuries or death; admissibility of reports of deceased physicians

Massachusetts Statutes

§ 79H — Tort actions for personal injuries or death; admissibility of reports of deceased physicians

Massachusetts § 79H

Part IIICOURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES

Title IIACTIONS AND PROCEEDINGS THEREIN

Ch. 233WITNESSES AND EVIDENCE

This text of Massachusetts § 79H (Tort actions for personal injuries or death; admissibility of reports of deceased physicians) is published on Counsel Stack Legal Research, covering Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mass. Gen. Laws ch. 233, § 79H (2026).

Text

Section 79H. In an action of tort for personal injuries or death, or for consequential damages arising from such personal injuries, the medical report of a deceased physician who attended or examined the plaintiff, including expressions of medical opinion, shall, at the discretion of the trial judge, be admissible in evidence, but nothing therein contained which has reference to the question of liability shall be so admissible. Any opposing party shall have the right to introduce evidence tending to limit, modify, contradict or rebut such medical report. The word ''physician'' as used in this section shall not include any person who was not licensed to practice medicine under the laws of the jurisdiction within which such medical attention was given or such examination was made.

Free access — add to your briefcase to read the full text and ask questions with AI

Section 79H. In an action of tort for personal injuries or death, or for consequential damages arising from such personal injuries, the medical report of a deceased physician who attended or examined the plaintiff, including expressions of medical opinion, shall, at the discretion of the trial judge, be admissible in evidence, but nothing therein contained which has reference to the question of liability shall be so admissible. Any opposing party shall have the right to introduce evidence tending to limit, modify, contradict or rebut such medical report. The word ''physician'' as used in this section shall not include any person who was not licensed to practice medicine under the laws of the jurisdiction within which such medical attention was given or such examination was made.