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State v. Goldston10/8/1999
the ordinary course of business" and that they were "prepared near the time of the act, condition, or event recorded therein." She stated that the emergency room records were signed by the attending physician, Dr. Dewayne Knight. She explained that as an attending physician, Dr. Knight is not technically a hospital employee but reports to one and must complete his medical reports at or near the time of treatment of the patient before submitting the reports to the medical record department.
Dr. Fenton Scruggs, a pathologist and director of the hospital laboratory, also testified concerning the records from Bradley Memorial Hospital. Dr. Scruggs stated that according to the hospital reports, Debbie Crumley, a laboratory assistant at the hospital, drew the Defendant's blood at 2:37 a.m. He stated that Debbie Talley, a laboratory technician, processed the blood at 2:52 a.m. He further testified that hospital employees must comply with a very strict procedure to identify and note the name of each patient whose blood is drawn.
Dr. Knight, who treated the Defendant for his injuries at Bradley Memorial Hospital, testified that the blood tests performed on the Defendant there were ordered as part of "the initial examination" and explained that he received the results of the test at approximately 3:00 a.m., almost immediately after the test was performed. He stated that such tests are routinely ordered in cases where incoming patients exhibit "altered mental status" and explained that each day hundreds of patients in the hospital have their blood drawn. He maintained that blood tests are generally "very trustworthy" and "accurate."
With regard to the blood alcohol test conducted at Erlanger Medical Center, the State presented testimony by Sue Robinson, a medical records librarian at the hospital. She testified that the records had been certified by a "custodian of medical records" and that although she had not actually certified the records at issue, she was a "duly authorized custodian of the records." When asked whether the records had been "prepared by the personnel of the hospital, staff physicians, or persons acting under their control in the ordinary course of the hospital business, and prepared at or near the time of the act, condition, or event reported," she responded yes.
Having reviewed the record in this case, we are satisfied that the medical records introduced here were properly admitted under the business records exception to the hearsay rule. The records from both Bradley Memorial Hospital and Erlanger Medical Center were medical reports compiled by medical personnel with knowledge who were under a business duty to record the blood testing procedures and the results of the tests. The practice of both hospitals is to regularly compile such reports of hospital activities, and the Defendant's blood tests were conducted in the course of regularly conducted hospital activities. In addition, the State demonstrated that each of the reports concerning the Defendant's blood alcohol tests were made at or near the time of the testing, and the State presented the reports through testimony of the proper custodians of the records. Finally, we note that the spirit of this exception, to ensure the trustworthiness of evidence introduced as an exception the hearsay rule, has not been violated by introduction of these records. Hospital records kept daily for medical purposes and not prepared for the purpose of litigation are typically deemed reliable.
Accordingly, the judgment of the trial court is affirmed.
CONCUR:
GARY R. WADE, PRESIDING JUDGE
JOE G. RILEY, JUDGE
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