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Business Records Exception


Medical records are business records for the purpose of the hearsay rule. Medical record-keeping procedures must fulfill the legal requirements of the business records exception if a medical record is to be admissible in court. This exception to the hearsay rule requires that the record meet four basic tests:

1.
The record was made in the regular course of the business.

2.
The entry in the record was made by an employee or representative of that business who had personal knowledge of the act, event, or condition that is being recorded in the record.

3.
The record was made at or near the time that the recorded act, event, or condition occurred or reasonably soon thereafter.

4.
The records were kept in a consistent manner, according to a set procedure.



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