Will hospital records regarding me being hit by a drunk driver be allowed in civil court?
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Will hospital records regarding me being hit by a drunk driver be allowed in civil court?
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Back in Oct of 2008 I was working as a police officer for a police dept in Ohio. I was responding to assist another officer who was in a potential felony situation. I had to briefly cut into a neighboring city to get to the officer who was requesting assistance. When I did so I went through an intersection with a green light & my lights & sirens on with another officer directly behind me. A driver pulled out in front of me and I hit that vehicle. (Thus the accident happened in the neighboring city and that police dept. handled the accident) (and I never made it to the location of the other officer).
For whatever reason the blood from the driver of the other vehicle was never taken to the coroner's office for testing, however his hospital blood tests showed alcohol/cocaine/marijuana.
I was cleared in the accident 100% both of not being at fault (by the other police dept.) and cleared departmentally as not violating any policy or procedure. And The mayor fired me before the accident investigation was complete, against the advice of the chief. Mayor said I was 2 days shy of my 1 yr probation that's why he fired me. The chief did not endorse his actions.
At any rate I am suing the the city I worked for. But in addition the guy that hit me was never charged with DUI because his blood was never officially tested at the coroner's office and he couldn't be charged because the hospital that took his blood is not considered a "chain of custody hospital". This guy has filed a lawsuit against me and the city. Will his hospital records be admissible in civil court in regards to what he had in his blood that night?
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Charles C
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How is a dead guy filing a lawsuit? The Coroner checks out dead people.
This story has certainly progressed over the last 6 months.
In a civil suit just about any relevant evidence can be submitted for consideration by the judge. |
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desert lover
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So long as YOU make sure they are. Subpoena them if necessary |
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martthedj
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Not sure of the rules in the USA but they are very similar to the Civil Procedure Rules in the UK.
Here its possible to make an application under CPR for disclosure of anything that you will be relying on evidence.
The court has discretion to deny or allow these applications.
Personally I would seek disclosure for your defence on the basis that it crucial evidence in determining the truth and facts of the matter. |
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Hit P.I.G AM
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Nope.
You answered your own question, his blood was not handled in a manner consistent with a proper chain of custody, or at least it cannot be verified that it was since the hospital that he had his blood tests in doesn't follow those procedures which would meet the legal standard for them to be admissible on court as Evidence.
But if he was charged, then anything allowed into evidence in his criminal traffic case would be admissible.
We need not even bother with his Dr patient privilege) he wasn't handled as a DUI suspect (from what I gather from your post, otherwise there would be a proper chain of custody for his bloodwork)
It might be more interesting to probe how you know the results of a patients blood tests...I hope you were not abusing favors from former colleagues...
Not taking anything away from your claim, nor his, but I hope you would want to afford that person the same rights of privacy, and fourth amendment rights as you would claim for yourself ( I am saying this tongue in cheek, as I know that police officers very rarely subscribe to the principles of allowing every one else every right they claim for themselves) |
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