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Why do we need to lay a foundation when trying to admit your CAT scans or MRIs into evidence during your New York medical malpractice trial?

 

A:

The answer is simpler than you think. The court requires that we establish that the radiological images are in fact yours. How else will the jury or medical experts who take the witness stand know that the CAT scans or MRIs are yours if there is no identifying information on them?

Okay, so the court requires that we identify the CAT scans or MRIs as yours. But how exactly do we establish a foundation to show to the court that the CAT scans and MRIs are yours?

Virtually every CAT scan and MRI has your identifying information imprinted on it. That is true whether it comes in the form of a disc or on a large x-ray like film. It will typically have your name, your medical record number and other identifying information.

We are also required to obtain an affidavit from the radiology facility confirming that these are in fact accurate and true copies or originals of your films. Once we have this certification together with your CAT scan or MRI images that are correctly identified, then at trial we can ask the court to admit them into evidence.

We need those records admitted into evidence so your treating medical doctors or experts who come into court to testify, will be able to use that evidence to support their testimony concerning their medical treatment, your injuries and your ongoing disability.

If your CAT scans or MRIs did not have the appropriate identifying information, it is likely the court would not allow them admitted into evidence. This is the correct course of action since there would be no way for a jury or any medical expert to link those images to you directly unless they were properly identified.