Key Takeaway
New York courts allow defendants to rely on treating physician records to demonstrate lack of serious injury, even without certification, in personal injury cases.
In personal injury litigation, defendants often face the challenge of proving that a plaintiff has not sustained a “serious injury” as defined under New York’s no-fault insurance law. One common strategy involves presenting medical evidence that contradicts the plaintiff’s claims. However, questions frequently arise about what types of medical records can be relied upon and whether they need special certification or authentication.
The distinction between treating physician records and other medical documentation becomes particularly important in cases involving New York No-Fault Insurance Law, where establishing the threshold of serious injury is crucial. Unlike situations where defendants might struggle with procedural requirements, such as proper IME notification procedures, the use of treating physician records offers a more straightforward evidentiary path.
Jason Tenenbaum’s Analysis:
Uribe v Jimenez, 2015 NY Slip Op 08726 (2d Dept. 2015)
“In support of his motion, the defendant submitted the plaintiff’s medical records from Elmhurst Hospital, which indicated that a chest X ray did not reveal any rib fractures (see Estaba v Quow, 74 AD3d 734, 734-735). While these medical records were not certified, the defendant could rely on them in order to demonstrate a lack of serious injury, as they were the records of the plaintiff’s treating physicians”
Nothing new to report but the Court held as a matter of law that defendants could rely on the records of the plaintiff’s treating physicians. It is the line plaintiff’s treating physicians that is important to note.
Key Takeaway
This decision reinforces that defendants can use uncertified medical records from treating physicians to challenge serious injury claims. The court’s emphasis on “treating physicians” suggests these records carry special weight because they come from doctors who actually provided care to the plaintiff, making them inherently more reliable than other medical documentation.
