An Affidavit of Medical Records is filed with the court in certain cases when medical records are needed to prove that damages and liabilities exist in certain personal injury trials. The Affidavit of Medical Records should be filed well before the trial. It is suggested that an Affidavit of Medical Records be filed thirty to sixty days prior to the trial.
An Affidavit of Medical Records can be used in personal injury cases, medical malpractice cases, workers compensation cases, cases of neglect, child abuse cases, dental procedure cases, life insurance cases, and health insurance cases. Depending on the type of suit, an Affidavit of Medical Records can be tailored to fit the affiant’s needs.
When making an Affidavit of Medical Records, the affiant will attest to his or her name and being of sound mind, capable of making the affidavit. The affiant will then state that he or she is the custodian of the medical records in question and the number of pages that are contained therein.
The affiant will then state that the medical records were kept through the normal course of business and attest to the name of the medical facility. He or she then swears an oath that the medical records are exact duplicates of the original medical records. The Affidavit of Medical Records is then signed, dated, and sealed by a notary public.