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Home / Opinions / Courts / Court of Appeals, Eastern District / Negligence : Medical Negligence – Medical Records – Hearsay

Negligence : Medical Negligence – Medical Records – Hearsay

Where plaintiff brought personal injury claims against a hospital after complications following a cardiac procedure led to a partial leg amputation, the judgment for the defendant is affirmed because the trial court did not err in admitting a medical record from another health care provider that documented a sealing procedure since the defendant presented credible evidence that the doctor had access to and reviewed the exhibit prior to using the same procedure in the surgery at issue, and expert testimony also confirmed that this was common practice, and the admission of an addendum to the report on the surgery at issue was not erroneous because the notes made were not self serving but were necessary for subsequent healthcare providers and independent evidence corroborated the reliability of the statements in the addendum.

Judgment is affirmed.

Carlson v. St. Louis University (MLW No. 69210/Case No. ED102760 – 9 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.) Appealed from circuit court, St. Louis City, Neill, J. (Leonard P. Cervantes and Jennifer Suttmoeller for appellant) (Robert S. Rosenthal, Christine A. Vaporean, and Teresa M. Young for respondent).


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