Key Takeaway
Court ruling establishes that plaintiff's uncertified medical records are admissible when accuracy isn't disputed, offering cleaner evidentiary approach than current hearsay constructs.
Medical records often present complex evidentiary challenges in personal injury litigation, particularly when dealing with hearsay objections and certification requirements. The First Department’s decision in Ward v Lincoln Electric Co. offers practitioners a potentially streamlined approach to introducing medical records into evidence without the typical procedural hurdles.
This ruling addresses a common courtroom scenario where defendants seek to introduce a plaintiff’s medical records to support their case, but face obstacles related to business records authentication and hearsay restrictions. The decision provides clarity on when uncertified medical records may be admissible despite traditional evidentiary barriers.
The court’s reasoning focuses on the plaintiff’s response to the records rather than complex hearsay analysis, potentially offering attorneys a more direct path to admissibility in similar cases involving expert testimony and medical documentation.
Jason Tenenbaum’s Analysis:
Ward v Lincoln Elec. Co., 2014 NY Slip Op 02668 (1st Dept. 2014)
I think this might be a way around the Appellate Term peer hearsay paradigm without stating that Assignor’s medical records are not considered for a hearsay purpose. Assignee is stuck with Assignor’s uncertified records unless Assignor disputes their accuracy. This seems to be a cleaner approach to allow these records into evidence than our current construct.
“Plaintiff’s uncertified medical records may be considered since plaintiff does not dispute their accuracy or veracity (Carlton v St. Barnabas Hosp., 91 AD3d 561 ; CPLR 4518). He only disputes the inferences to be drawn from the records as to the date on which his condition was sufficiently apparent to start the limitations period running”
Key Takeaway
The Ward decision establishes that when a plaintiff doesn’t challenge the accuracy or veracity of their medical records, those records become admissible even without proper certification. This creates a practical workaround for evidentiary issues that typically plague the introduction of medical documentation, shifting focus from hearsay objections to the plaintiff’s own acknowledgment of record reliability.
Legal Update (February 2026): Since this 2014 post, CPLR 4518 and related evidence rules governing medical record admissibility may have been subject to amendments or clarifying decisions. The standards for authentication and hearsay exceptions in personal injury cases have continued to evolve through appellate decisions. Practitioners should verify current provisions of CPLR 4518 and recent case law developments regarding uncertified medical records admissibility.
