Key Takeaway
New York courts have evolved to accept electronic signatures on physician reports, overturning earlier restrictive precedents in personal injury litigation.
Electronic Signatures in Medical Documentation: A Legal Evolution
The admissibility of electronically signed medical documents has been a contentious issue in New York personal injury litigation. For years, courts grappled with whether electronic signatures on physician reports met the stringent requirements for admissible evidence. The legal landscape has been particularly complex when dealing with medical affidavits and reports that form the backbone of personal injury claims.
Earlier precedents, including the Vista Surgical Supplies case, took a more restrictive approach to electronic signatures on medical documentation. This created significant challenges for attorneys and their clients, as the increasing digitization of medical practices meant that more physician reports and medical records were being created and signed electronically. The question became whether these electronically signed documents could satisfy New York’s State Technology Law requirements while maintaining the integrity needed for courtroom admissibility.
The evolution in judicial thinking reflects the broader acceptance of digital documentation in legal proceedings, similar to how courts have addressed issues with defective notarization and other authentication challenges.
Jason Tenenbaum’s Analysis:
Ramirez v Miah, 2018 NY Slip Op 07472 (2d Dept. 2018)
“We disagree with the Supreme Court’s determination that the electronic signature on the plaintiff’s physician’s affirmed report was insufficient to render the report admissible pursuant to State Technology Law §§ 302(3) and 304(2)(see Forcelli v Gelco Corp., 109 AD3d 244, 250-251; Naldi v Grunberg, 80 AD3d 1, 12-13; cf. Vista Surgical Supplies, Inc. v Travelers Ins. Co., 50 AD3d 778).”
We have evolved from Vista.
Key Takeaway
The Ramirez v Miah decision represents a significant shift in New York’s approach to electronic signatures on medical documentation. Courts now recognize that electronically signed physician reports can meet admissibility standards under State Technology Law, moving away from the more restrictive Vista precedent. This evolution benefits personal injury practitioners who increasingly encounter digitally signed medical records and need to ensure their admissibility in court proceedings.
