Title 24, Chapter 3, Section 18
( 24-3-18)
(a) Upon the trial of any civil case involving injury or disease,
any medical report in narrative form which has been signed and dated
by an examining or treating licensed medical doctor, dentist,
orthodontist, podiatrist, physical or occupational therapist, doctor
of chiropractic, psychologist, advanced practice nurse, social
worker, professional counselor, or marriage and family therapist
shall be admissible and received in evidence insofar as it purports
to represent the history, examination, diagnosis, treatment,
prognosis, or interpretation of tests or examinations, including the
basis therefor, by the person signing the report, the same as if
that person were present at trial and testifying as a witness;
provided, however, that such report and notice of intention to
introduce such report must first be provided to the adverse party at
least 60 days prior to trial. A statement of the qualifications of
the person signing the report may be included as part of the basis
for providing the information contained therein, and the opinion of
the person signing the report with regard to the etiology of the
injury or disease may be included as part of the diagnosis. Any
adverse party may object to the admissibility of any portion of the
report, other than on the ground that it is hearsay, within 15 days
of being provided with the report. Further, any adverse party shall
have the right to cross-examine the person signing the report and
provide rebuttal testimony. The party tendering the report may also
introduce testimony of the person signing the report for the purpose
of supplementing the report or otherwise. (b) The medical narrative shall be presented to the jury as
depositions are presented to the jury and shall not go out with the
jury as documentary evidence. |