§ 4532-A — Admissibility of graphic, numerical, symbolic or pictorial representations of medical or diagnostic tests

New York § 4532-A

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 45: Evidence

Text

Rule 4532-a. Admissibility of graphic, numerical, symbolic or\npictorial representations of medical or diagnostic tests. A graphic,\nnumerical, symbolic or pictorial representation of the results of a\nmedical or diagnostic procedure or test is admissible in evidence\nprovided:\n (1) the name of the injured party, the date when the information\nconstituting the graphic, numerical, symbolic or pictorial\nrepresentation was taken, and such additional identifying information as\nis customarily inscribed by the medical practitioner or medical facility\nis inserted on such graphic, numerical, symbolic or pictorial\nrepresentation; and\n (2) (a) the representation has been previously received or examined by\nthe party or parties against whom it is being offered; or\n (b)(i) at least ten days before the date of trial of the action, the\nparty intending to offer such graphic, numerical, symbolic or pictorial\nrepresentation as a proposed exhibit serves upon the party or parties\nagainst whom said proposed exhibit is to be offered, a notice of\nintention to offer such proposed exhibit in evidence during the trial\nand that the same is available for inspection; and\n (ii) the notice aforesaid is accompanied by an affidavit or\naffirmation of such physician identifying such graphic, numerical,\nsymbolic or pictorial representation and attesting to the identifying\ninformation inscribed thereon, attesting that the identifying\ninformation inscribed thereon is the same as is customarily inscribed by\nthe medical practitioner or facility, and further attesting that, if\ncalled as a witness in the action, he or she would so testify.\n Nothing contained in this rule, however, shall prohibit the\nadmissibility of a graphic, numerical, symbolic or pictorial\nrepresentation in evidence where otherwise admissible.\n