§ 9-19-29 - Admissibility of records of deceased physicians, dentists and professional engineers.
SECTION 9-19-29
§ 9-19-29 Admissibility of records ofdeceased physicians, dentists and professional engineers. (a) In all actions for the recovery of benefits under the Workers' CompensationAct, chapters 29 38 of title 28, for personal injury or death, and inall actions for the recovery of damages for personal injury or death in anycivil proceeding, if a physician, dentist, or professional engineer has diedprior to the time of the trial of the action, the written records, reports, orbills of the physician or dentist concerning the patient who suffered theinjury or death, and the reports and scale drawings of the professionalengineer concerning matter relevant to the circumstances under which the injuryor death was sustained, shall be admissible in evidence.
(b) In all actions for the recovery of benefits under theWorkers' Compensation Act for personal injury or death and in all actions forthe recovery of damages for personal injury or death in any civil proceeding,if a physician, dentist, or professional engineer has moved out of this stateprior to trial or cannot be located within this state after a reasonablesearch, and whose whereabouts and address are unknown, any written records,reports, or bills of the physician or dentist concerning the patient whosuffered the injury or death, and the reports and scale drawings of theprofessional engineer concerning matter relevant to the circumstances underwhich the injury or death was sustained, shall be admissible in evidence andthe patient may testify as to the medical or dental services provided and thetreatment received, and another physician or dentist may provide evidence as tothe medical or dental services or treatment as if the physician or dentist hadbeen the one who rendered the services or treatment, including evidence as tothe fair and reasonable charge for the services, the necessity of the servicesor treatment and any other matter.