§ 9-19-27. Evidence of charges for medical and hospital services and for prescriptions and orthopedic
appliances — Evidence required from hospital medical records.
(a) This section is enacted primarily to relieve physicians and the other medical professionals
defined herein who are associated with hospitals and other health care facilities
from the hardship and inconvenience of attending court as witnesses, therefore in
interpreting this section and the medical records exception to the hearsay rules of
evidence in court or other related proceedings, the trial courts of this state shall
liberally construe this section to admit what is presumptively reliable medical evidence
presented by way of this statutory process without the necessity of calling numerous
medical personnel as witnesses.
(b) In any proceeding commenced in any court, commission, or agency, an itemized bill
and reports, whether originating within this state or any other state, including hospital
or health care facility, medical records, relating to medical, dental, hospital services,
prescriptions, or orthopedic appliances rendered to or prescribed for a person injured,
and/or any report of any examination of the injured person, including, but not limited
to, hospital medical records and written statements made by the physician or dentist
whether contemporaneous with the treatment or not, subscribed and sworn to under the
penalties of perjury by the physician, dentist, or authorized agent of the hospital
or health care facility rendering the services or by the pharmacist or retailer of
orthopedic appliances, shall be admissible as evidence of the fair and reasonable
charge for the services and/or the necessity of the services or treatment, the diagnosis
of the physician or dentist, the prognosis of the physician or dentist; the opinion
of the physician or dentist as to proximate cause of the condition so diagnosed, and
the opinion of the physician or dentist as to disability, incapacity or permanency,
if any, proximately resulting from the condition so diagnosed. Such affidavit may
incorporate by reference such other records or written statements as are relied upon
by the affiant in reaching the opinions set forth in the affidavit, if of a type reasonably
and customarily relied upon by such providers, and which shall thereby provide the
necessary foundation for the record relied upon to be independently introduced as
an exhibit in accordance with the terms herein.
The authorized agent of the hospital or health care facility shall be deemed the proper
agent to subscribe and swear to said written statements contained in its medical records
as the authorized agent for physicians employed by said hospital or clinic, and rendering
treatment to the patient during the course of his or her employment. Said records
shall not be deemed inadmissible because the physician so employed by the hospital
or health care facility has not subscribed to the affidavit.
Provided, further, that written notice of the intention to offer the bill or report
as such evidence, together with a copy thereof, has been given to the opposing party
or parties, or to his or her or their attorneys, by mailing the notice by certified
mail, return receipt requested, not less than ten (10) days before the introduction
of the bill or report into evidence, and that an affidavit of the notice and the return
receipt is filed with the clerk of the court forthwith after the receipt has been
returned. Nothing contained in this section shall be construed to limit the right
of any party to the action to summon or depose, at his or her own expense, the physician,
dentist, pharmacist, retailer of orthopedic appliances, or agent of the hospital for
the purpose of cross examination with respect to the bill, record, and report or to
rebut the contents thereof, or for any other purpose, nor to limit the right of any
party to the action to summon or depose any other person to testify in respect to
the bill, record, and/or report or for any other purpose.
The adverse party shall be entitled at the expense of the proponent of the affidavit
to a reasonable opportunity for cross-examination, not to exceed one hour at the office
of the physician or other expert witness. Additional time for cross-examination shall
be at the adverse party's expense. The expert witness fee provided by the proponent
of the expert and the additional fee, if required on the part of the adverse party,
may be included in the costs of the case payable to the prevailing party. The time
and method of the payment or taxing of such costs shall be subject to the order of
the trial court.
(c) The words "physician�, and "dentist� shall not include any person who is not licensed
to practice as such under the laws of the jurisdiction within which the services were
rendered, but shall include chiropodists, chiropractors, optometrists, osteopaths,
physical therapists, psychologists, paramedics or rescue or emergency medical service
personnel or ambulating services and other medical, mental health care or social work
personnel licensed to practice under title 5 or under the laws of the jurisdiction
within which the services were rendered; provided, that said chiropodists, chiropractors,
optometrists, osteopaths, physical therapists, psychologists, and other medical, mental
health care, or social work personnel subscribes to said statements designating his
or her licensure, and specifying his or her authority to subscribe in said capacity.
(d) The word "hospital� shall mean any hospital required to incorporate under title 7,
or which is in any way licensed or regulated by the laws of any other state, or by
the laws and regulations of the United States, including hospitals of the veterans
administration or similar type institutions, whether incorporated or not.
(e) The words "health care facilityâ€� includes those entities referred to in § 23-17-2(9) except to the extent that paramedic or rescue or emergency medical service personnel
or ambulatory service are excluded.
(f) Any party objecting to the admitting into evidence of the affidavit shall file an
objection specifying the grounds thereof within ten (10) days of receipt of the affidavit,
or said objections are waived.
(g) Consistent with federal and state constitutional and statutory guarantees nothing
in this section shall be construed so as to limit the right of a defendant in a criminal
case to confront and cross examine witnesses.
(h) These provisions shall not apply to claims for personal injury or wrongful death filed
against a licensed physician, hospital, clinic, health maintenance organization, professional
service corporation providing health care services, dentist, or dental hygienist based
on professional negligence.