“Objection Judge! The Attorney Hasn’t Authenticated These Medical Records are Accurate!”


We’re at trial. It’s a medical malpractice trial and the defense
lawyer tries to offer in certain medical records into evidence, and I jump up and I yell out,
“Objection, Judge! The defense attorney hasn’t authenticated
that these are accurate medical records!” Want to know what this is and why I’m objecting? Come join me for a moment as I share with
you some terrific information. Hi. I’m Gerry Oginski. I’m a New York medical malpractice and personal
injury attorney. Now, we’re at trial. The defense lawyer is trying to get into evidence
certain medical records of my client whom he saw years earlier. Now, he wants to show the jury that there’s
something in these records that possibly is damaging to our case, but the problem is this
defense lawyer has not authenticated that these medical records are accurate. This defense lawyer has not authenticated
that these are accurate photocopies, which puts us in a bad position. Why? Because now he’s trying to show to the jury
that these are some doctor’s records, and now he’s trying to use those records against
us. How do we truly know that they’re accurate
photocopies? How do we know if they’re originals? How do we know that these are accurate business
records? Well, the attorney should be going ahead with
a process to try and authenticate them, and there are a number of different ways to do
that. Number one is to call in the doctor, but in
all likelihood he’s not going to be able to get the doctor to come in just to say, “Yes,
these are my records. Here’s what they show.” Instead, you can get in somebody from the
office to say, “Yes, I’m fully aware of how our records are maintained. I, in response to a subpoena to bring these
records into court, I delivered these records to the courthouse, and yes I checked to make
sure that they were absolutely correct. These are the original records. We have no other records.” Another more common way to do that is to have
somebody, who’s in charge of medical records in the doctor’s office, make a photocopy of
each and every record that the doctor has, and then attach a certification by the person
who’s making these photocopies saying, “Yes, I certify that I have copied these accurately
and that there are no other medical records in our possession.” Now, they sign that. They certify and swear that these are the
only records that were made at the time of the copying, and now they submit those into
court. Typically, in order to prevent having to call
in different witnesses and celebrity witnesses just to say that, “Yes, these are made in
the ordinary course of business. We keep them. We safeguard them.” Now, it’s common for the attorneys to agree
that, “Yes, as long as you have the certification and nothing else seems to be amiss, now we
will go ahead and recognize, yes, these records are authenticated.” It’s critically important that now when the
records are being introduced into evidence that we have an opportunity to compare them
to the records we had gotten much earlier in the case to make sure that they are accurate
and nothing’s missing. Why do I share this quick information with
you? I share it with you just to give you an insight
and an understanding into what goes on in these medical malpractice cases, these accident
cases, and these wrongful death cases here in New York. I understand you’re watching this video because
you have questions or concerns about your own matter. If your matter did happen here in New York
and you’re thinking about bringing a lawsuit, but you have questions that need to be answered
first, what I invite you to do is pick up the phone and call me. I can answer your questions. I answer questions like yours every single
day, and I’d love to talk to you. You can reach me at 516-487-8207 or by email,
[email protected] That’s it for today’s video. I’m Gerry Oginski. Have a wonderful day.

1 thought on ““Objection Judge! The Attorney Hasn’t Authenticated These Medical Records are Accurate!”

  1. Hi again Mr Oginski, this is a off topic question in regarding release of my birth records, the hospital sent me a letter stating that that my "medical records no longer exist" I'm a little worried that my legal name change might had worked in the hospital's decision. After recently speaking with the hospital medical records secretary, she briefly explained to me that the release of any childhood related records or questions that I had is something that I should taken care of at any early age in life while the surgery doctors were part of their staff.

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