Chapter 5 Test 2 Flashcards
Means by which facts of a case are proved or disproved
Evidence
Evidence may be presented in these forms:
Oral testimony
Contained in written documents
Presented through pictures and objects
These federal and state laws govern admission of evidence during litigation
Federal Rules of Evidence (FRE)
State laws similar to FRE
Used to prove injuries or crime in: Personal injury cases Malpractice (establish standard of care) Workers compensation Disability Custody issues Mental competence Criminal proceedings White-collar crime (fraud and abuse)
Health Information
What are the types of evidence?
Direct
Demonstrative
Documentary Evidence
Circumstantial
Real, tangible, or clear evidence of a fact, happening, or thing that requires no thinking or consideration to prove its existence
Direct
Actual objects, pictures, models, and other devices that are supposedly intended to clarify the facts for the judge and jury; how an accident occurred, actual damages, medical problems, or methods used in committing an alleged crime
Demonstrative
Evidence in written form, not oral, original records, letters, emails, photos, use to prove a fact
Documentary evidence
Evidence that is not directly from an eyewitness or participant, and requires some reasoning to prove a fact
Circumstantial
Governed by state and federal rules of evidence
- Admissibility
- Hearsay
- Business records exception
- Best evidence rule
- Privilege
Evidentiary Rules
Whether or not a health record tends to make the existence of any fact more or less probable than it would be without the record refers to __________.
a. Burden of proof
b. Discoverability
c. Admissibility
d. Relevance
Relevance
Evidence that is allowed to be admitted in a court of law
- Must be relevant evidence (tends to prove
or disprove a fact)
- Must be “authenticated evidence” that is “evidence sufficient to support a finding that
the matter in question is what its proponent
claims”
Admissibility
Established by record custodian’s affidavit that is
- Documented in the normal course of
business (following normal routines)
- Kept in the regular course of business
- Made at or near the time of the matter
recorded
- Made by a person within the business with
knowledge of the acts, events, conditions,
opinions, or diagnoses appearing in it
Additional challenge to authenticate ESI (Electronically Stored Information)
- Need to describe how an electronic
system monitors or manages modifications
or different versions of electronic
documents
Authenticated Evidence
Barbara Smith claims negligence as the result of misuse of a laser during cosmetic surgery. Which of the following records would be admissible?
a.All of Barbara’s previous health records
b.All health records of patients who the
physician has performed this procedure
on
c.All health records from Barbara’s primary
care physician
d.All of Barbara’s health records pertaining
to the laser use during her cosmetic
surgery
All of Barbara’s health records pertaining to the laser use during her cosmetic surgery
An out-of-court statement introduced into a court proceeding to prove the truth of the facts asserted in that statement
- Generally not admissible because the
maker of the statement can’t be cross-
examined at the time the statement was
made
- Health records considered this
Hearsay
Spontaneous exclamations
Dying declarations
Business records exception (next slide)
Statements made for medical diagnoses or treatments
Examples of hearsay exceptions