Will a doctor's written notes be admissible or do I need the doctor to show up in small claims court?
Question Details: I have a court date coming up. Our dog was hurt and needed surgery. The injury happened on a Wednesday and the surgery happened on a Saturday. We are claiming the injury happened at a dog daycare facility, and they are claiming it could of happened any time between Wednesday and Saturday. In the notes the doctor states that she suspects the wounds happened on a Wednesday. Is this admissible in court or considered hearsay? Do I need to subpoena the doctor or can I get a notarized statement from the doctor to be admissible in court?
Insurance Law Law Answers
Usually small claims court is more lenient when it comes to admissible evidence. The doctor's notes (the medical file) and/or a notarized statement from the doctor should be sufficient. However, some judges are particular about evidence. So it would be best to have the doctor testify in person (if possible) along with the doctor's notes. This is even more important to refute the defendants' claim that the injury could have happened someplace else.
Related Insurance Law Questions
- Do I have to present evidence in small claims case?
- In small claims court, if the other side does not show in court, do I still have to?
- When does it make sense to go to small claims court?
- Is it complicated to take a case to small claims court?
- Can a patient's doctor-prescribed drug addiction lead to medical malpractice claim?
Didn't find your answer? Ask.
Top Ranking Attorneys
- Hong Shen210 Answers|Points 10500Gold Contributor
- Joseph Gasparrini46 Answers|Points 2200Bronze Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga79 Answers|Points 3900Silver Contributor
- Shawn Jackson17 Answers|Points 850Bronze Contributor
- Glenn M. Lyon, Esq.27 Answers|Points 1330Bronze Contributor
- Hong Shen210 Answers|Points 10500Gold Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga79 Answers|Points 3900Silver Contributor
- Sharon Siegel62 Answers|Points 3090Bronze Contributor
- Michael D. Siegel56 Answers|Points 2750Bronze Contributor
- Paula McGill50 Answers|Points 2500Bronze Contributor
Are you a lawyer?Want to be featured here? Sign up for a free profile and get started today! Click Here
More Questions Like This...
 |