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Com. v. Sheldon8/1/1996
fendant following a motor vehicle accident." Id. at 570. In that case, "because he was injured, the defendant was taken by ambulance to a hospital for medical treatment. The police officers who came to the accident scene concluded that the defendant was under the influence of alcohol. At the hospital, on direction of a physician, 'as a routine medical procedure,' and solely because the procedure was good medical practice, hospital personnel drew blood from the defendant. The blood serum was tested for its ethanol content, and the result recorded in the hospital record." Id. at 571. Although "liberal construction has permitted the admission in evidence of statements in hospital records bearing on criminal culpability that seem to relate at most only incidentally to medical treatment," id. at 573, in the present case the statement in the hospital record at issue does not relate incidentally or otherwise to medical treatment. Even if one were to consider blood-alcohol content as a "medical fact" in a broad sense, a hospital record of such a fact is admissible under the statute only if the information was obtained in connection with a medical treatment determination or application or pursuant to established hospital protocol. The Judge in the District Court in this case ruled correctly.
We turn very briefly to the question reported by the single Justice concerning "whether, if the blood test results are not admissible under the statute, that ruling automatically bars the admission of the test results presented through the person who conducted the test or the attending physician, or both." The answer is "No." The record of the test results is inadmissible hearsay. Other lawfully obtained competent evidence of the test results, however, may be admitted.
The case is remanded to the District Court for trial in accordance with this opinion.
So ordered.
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