Question

Topic: Evidence

Define the following legal terms associated with the role of a health record in a lawsuit:

1) evidence 4) subpoena

2) admissible 5) subpoena ad testificandum

3) hearsay 6) subpoena duces tecum

Explain why health records are considered hearsay evidence

Answer 1

Evidence.

It Is the information produced to the court to support an assertion.

Health records act as evidence which contain the information of malpractice, breaching of rules,billing fraud etc if done.

4)Subpoena.

It is a court order in which person is required to attend or provide documents.

Health records are delivered to the court if they are subpoenad and if it occurs patient consent is not required to submit the jndkrinform to the court.

2).Admissible.

The evidence which is accepted by the court.

The health records are considered critical piece of evidence and it is admissible in court.

3)Hearsay.

It is the out of court statement which is made in court.It is the information known by a person from a another person where the person who gave the information as evidence is not part of one's direct knowledge.

In court hearsay is inadmissible and there are some cases where exception is given when hearsay rules are applied.

5)Subpoena ad testificandum.

It is the court order given to a person to testify orally.

6) subpoena duces tectum.

It is a command given to a witness to appear in court and to provide original or copies of medical records,lab reports and patient information to the court.

7)They are not admissible to court because the healthcare providers are not under the oath of court.