Sec. 52-174. Admissibility of records and reports of certain expert witnesses as business entries.
Sec. 52-174. Admissibility of records and reports of certain expert witnesses
as business entries. (a) In all actions for the recovery of damages for personal injuries or
death, (1) if a physician, dentist, chiropractor, natureopath, physical therapist, podiatrist,
psychologist, emergency medical technician, optometrist, physician assistant, advanced
practice registered nurse, professional engineer or land surveyor has died prior to the trial
of the action, or (2) if a physician, dentist, chiropractor, natureopath, physical therapist,
podiatrist, psychologist, emergency medical technician, optometrist, physician assistant, advanced practice registered nurse, professional engineer or land surveyor is physically or mentally disabled at the time of the trial of the action to such an extent that such
person is no longer actively engaged in the practice of the profession, the party desiring to
offer into evidence the written records and reports of the physician, dentist, chiropractor,
natureopath, physical therapist, podiatrist, psychologist, emergency medical technician,
optometrist, physician assistant or advanced practice registered nurse concerning the
patient who suffered the injuries or death, or the reports and scale drawings of the professional engineer or land surveyor concerning matters relevant to the circumstances under
which the injuries or death was sustained shall apply to the court in which the action is
pending for permission to introduce the evidence. Notice of the application shall be
served on the adverse party in the same manner as any other pleading. The court to
which the application is made shall determine whether the person is disabled to the
extent that the person cannot testify in person in the action. Upon the court finding that
the person is so disabled, the matters shall be admissible in evidence as a business entry
in accordance with the provisions of section 52-180 when offered by any party in the
trial of the action.
(b) In all actions for the recovery of damages for personal injuries or death, pending
on October 1, 1977, or brought thereafter, and in all court proceedings in family relations
matters, as defined in section 46b-1, or in the Family Support Magistrate Division,
pending on October 1, 1998, or brought thereafter, and in all other civil actions pending
on October 1, 2001, or brought thereafter, any party offering in evidence a signed report
and bill for treatment of any treating physician, dentist, chiropractor, natureopath, physical therapist, podiatrist, psychologist, emergency medical technician, optometrist, physician assistant or advanced practice registered nurse may have the report and bill admitted into evidence as a business entry and it shall be presumed that the signature on
the report is that of the treating physician, dentist, chiropractor, natureopath, physical
therapist, podiatrist, psychologist, emergency medical technician, optometrist, physician assistant or advanced practice registered nurse and that the report and bill were
made in the ordinary course of business. The use of any such report or bill in lieu of
the testimony of such treating physician, dentist, chiropractor, natureopath, physical
therapist, podiatrist, psychologist, emergency medical technician, optometrist, physician assistant or advanced practice registered nurse shall not give rise to any adverse
inference concerning the testimony or lack of testimony of such treating physician,
dentist, chiropractor, natureopath, physical therapist, podiatrist, psychologist, emergency medical technician, optometrist, physician assistant or advanced practice registered nurse.
(c) This section shall not be construed as prohibiting either party or the court from
calling the treating physician, dentist, chiropractor, natureopath, physical therapist, podiatrist, psychologist, emergency medical technician, optometrist, physician assistant
or advanced practice registered nurse as a witness.
(1957, P.A. 414; February, 1965, P.A. 235; 1967, P.A. 656, S. 40; 848; 1969, P.A. 215; 1972, P.A. 24; P.A. 77-226;
P.A. 78-140; P.A. 82-160, S. 78; P.A. 84-101; P.A. 89-153; P.A. 94-158, S. 1; P.A. 95-42; P.A. 98-81, S. 8; P.A. 99-102,
S. 48; P.A. 01-15; P.A. 08-48, S. 1.)
History: 1965 act added provisions re professional engineers; 1967 acts added Subdiv. (2) re use of written records as
testimony where physician, dentist or engineer has impairment of mental faculties which prevents him from testifying and
specified evidence consisting of reports, records, etc. is admissible "as a business entry in accordance with the provisions
of section 52-180"; 1969 act applied provisions to chiropractors, osteopaths and land surveyors; 1972 act applied provisions
to natureopaths and revised provisions to allow use of records, etc. when person is either physically or mentally disabled
"to such an extent that he is no longer actively engaged in the practice of his profession" and to make court responsible
for determining if person is disabled so that he cannot testify where previously use of records allowed if person was judged
mentally unfit to testify upon determination of hospital superintendent; P.A. 77-226 added Subsec. (b) re use of signed
report and bill for services as evidence in actions for recovery of damages for personal injury or death; P.A. 78-140 restated
Subsec. (b), specifying that report signature is presumed to be that of treating physician, dentist, etc. and the report and
bill are presumed to have been made in ordinary course of business and deleting details re subpoena of medical expert;
P.A. 82-160 amended Subsec. (a) by deleting provisions stating that the section was applicable to actions "pending on
October 1, 1957, or which are thereafter brought", designated the last sentence of Subsec. (b) as a new Subsec. (c), and
made minor technical changes to the section; P.A. 84-101 applied provisions to podiatrists; P.A. 89-153 amended Subsec.
(b) to add provision that the use of any report or bill in lieu of the testimony of a treating health care provider shall not
give rise to any adverse inference re testimony or lack of testimony of such treating health care provider; P.A. 94-158
applied provisions to psychologists, emergency medical technicians and optometrists; P.A. 95-42 applied provisions to
physical therapists; P.A. 98-81 amended Subsec. (b) making provisions of section apply to proceedings in family relations
matters or in the Family Support Magistrate Division; P.A. 99-102 deleted obsolete references to osteopathy and made
technical changes re gender neutrality; P.A. 01-15 amended Subsec. (b) by adding provision re all other civil actions
pending on October 1, 2001, or brought thereafter; P.A. 08-48 applied provisions to physician assistants and advanced
practice registered nurses and made technical changes.
Cited. 159 C. 397. Cited. 177 C. 677. Cited. 211 C. 555.
Cited. 5 CA 629. Cited. 17 CA 684. Cited. 23 CA 468. Cited. 24 CA 276. Cited. 29 CA 519.
Subsec. (a):
Cited. 205 C. 542. Cited. 225 C. 637.
Cited. 36 CA 737.
Subsec. (b):
Statute not limited to resident medical practitioners. 205 C. 542. Cited. Id., 623. Cited. 219 C. 324. Statute not extended
to dissolution case. 247 C. 356.
Cited. 2 CA 167. Cited. 5 CA 629. Cited. 12 CA 632. Cited. 17 CA 684; Id., 684. Cited. 23 CA 468. Cited. 24 CA 276.
Cited. 36 CA 737. Cited. 38 CA 628. Cited. 45 CA 165; Id., 248. Cited. 47 CA 46. No adverse inference concerning use
of written medical reports is permitted in court's charge to the jury. 65 CA 776. Section does not require that bill for treatment
accompany a medical report admitted into evidence. 80 CA 111. Requirements under section regarding admissibility of
report were met where there was evidence that the signatory psychologist had treated the patient and had signed the report.
Id. Subsec. applies to document on a physician's letterhead, signed by such physician, who is plaintiff's treating physician;
plaintiff is not required to lay a foundation under the business record exception in Sec. 52-180. 84 CA 667.
Cited. 39 CS 301.