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11 Massachusetts opinions name it 2 courts 1978–2026 2 in the last five years
The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bouchie v. Murraygreen2 sentences2024While the medical records exception does not "render[] admissible all the contents of hospital records," id., 5 as the court explained in Dargon, 457 Mass. at 396 , a patient's own statements to a nurse consulted for treatment and recorded in treatment records are considered presumptively reliable. 2024The defendant argues, for the first time on appeal, that these notations of the forms are nonetheless inadmissible under a free-standing notion of "reliability" that he derives from Bouchie v. Murray, 376 Mass. 524, 528 (1978) ("the medical records exception statute makes admissible only those portions of records relating to treatment and medical history which possess the characteristics justifying the presumption of reliability"). | 3 | 4 |
Commonwealth v. Colered1 sentence2026See Commonwealth v. Cole, 473 Mass. 317, 322 (2015). | 1 | 1 |
Commonwealth v. Vitellogreen1 sentence2014However, “[t]he statute is not to be interpreted as rendering admissible all the contents of hospital records; rather the medical records exception statute makes admissible only those portions of records relating to treatment and medical history which possess the characteristics justifying the presumption of reliability.” Bouchie, 376 Mass. at 528. | 1 | 1 |
Commonwealth v. Pikegreen1 sentence2005Compare Commonwealth v. Pike, 430 Mass. 317, 326 (1999). | 1 | 1 |
Cowan v. McDonnellgreen1 sentence1998We have said that “a record which relates directly and mainly to the treatment and medical history of the patient, should be admitted, even though incidentally the facts recorded may have some bearing on the question of liability.” Concepcion, supra at 656 , quoting Cowan v. McDonnell, 330 Mass. 148, 149 (1953). | 1 | 1 |
Commonwealth v. Concepciongreen2 sentences1998We have said that “a record which relates directly and mainly to the treatment and medical history of the patient, should be admitted, even though incidentally the facts recorded may have some bearing on the question of liability.” Concepcion, supra at 656 , quoting Cowan v. McDonnell, 330 Mass. 148, 149 (1953). 1998As for the medical records exception, “[o]ur decisions have demonstrated liberal interpretation of the statute in the admission of hospital records.” Commonwealth v. Concepcion, 362 Mass. 653, 655 (1972), quoting Commonwealth v. Franks, 359 Mass. 577, 579 (1971). | 1 | 1 |
Commonwealth v. Franksgreen1 sentence1998As for the medical records exception, “[o]ur decisions have demonstrated liberal interpretation of the statute in the admission of hospital records.” Commonwealth v. Concepcion, 362 Mass. 653, 655 (1972), quoting Commonwealth v. Franks, 359 Mass. 577, 579 (1971). | 1 | 1 |
Commonwealth v. Baldwingreen2 sentences1998The court in Baldwin then reversed a ruling admitting a medical record stating a “diagnosis” of “sexual molestation.” Id. at 202, 203 . 1998In a considered survey of our precedents regarding the medical records exception to hearsay, the Appeals Court distinguished a “conclusory fact central to the jury’s inquiry” from “physical observations from which inculpatory inferences flow” and noted that “[a]n unqualified statement, enhanced with a cloak of professional and institutional authority, that the very crime which the prosecution is bound to prove has occurred, acquires considerable potency.” Commonwealth v. Baldwin, 24 Mass. App. Ct. 200, 202 (1987). | 1 | 1 |
Yates v. Bair Transport, Inc.green2 sentences1978See Commonwealth v. Dawn, 302 Mass. 255, 259-261 (1939); Yates v. Bair Transp., Inc., 249 F. Supp. 681, 683 (S.D.N.Y. 1965); Note, Revised Business Entry Statutes: Theory and Practice, 48 Colum. 1978See Commonwealth v. Dawn, 302 Mass. 255, 259-261 (1939); Yates v. Bair Transp., Inc., 249 F. Supp. 681, 683 (S.D.N.Y. 1965); Note, Revised Business Entry Statutes: Theory and Practice, 48 Colum. | 1 | 1 |
Commonwealth v. Dawngreen2 sentences1978See Commonwealth v. Dawn, 302 Mass. 255, 259-261 (1939); Yates v. Bair Transp., Inc., 249 F. Supp. 681, 683 (S.D.N.Y. 1965); Note, Revised Business Entry Statutes: Theory and Practice, 48 Colum. 1978See Commonwealth v. Dawn, 302 Mass. 255, 259-261 (1939); Yates v. Bair Transp., Inc., 249 F. Supp. 681, 683 (S.D.N.Y. 1965); Note, Revised Business Entry Statutes: Theory and Practice, 48 Colum. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Dargon
green
2 sentences2024While the medical records exception does not "render[] admissible all the contents of hospital records," id., 5 as the court explained in Dargon, 457 Mass. at 396 , a patient's own statements to a nurse consulted for treatment and recorded in treatment records are considered presumptively reliable. 2024While the medical records exception does not "render[] admissible all the contents of hospital records," id., 5 as the court explained in Dargon, 457 Mass. at 396 , a patient's own statements to a nurse consulted for treatment and recorded in treatment records are considered presumptively reliable. | 1 | 2024–2024 |
Commonwealth v. Wright
green
2 sentences2018C ., 469 Mass. 447 , 14 N.E.3d 294 (2014). "[W]e consider a defendant's claim even if the action by trial counsel does not constitute conduct 'falling measurably below that ... of an ordinary fallible lawyer.' " Gonzalez , supra at 808-809, 824 N.E.2d 843 , quoting Commonwealth v. MacKenzie , 413 Mass. 498 , 517, 597 N.E.2d 1037 (1992). 6 *790 We agree with the motion judge that trial counsel's oversight in failing to introduce the defendant's medical records was error. 2018C ., 469 Mass. 447 , 14 N.E.3d 294 (2014). "[W]e consider a defendant's claim even if the action by trial counsel does not constitute conduct 'falling measurably below that ... of an ordinary fallible lawyer.' " Gonzalez , supra at 808-809, 824 N.E.2d 843 , quoting Commonwealth v. MacKenzie , 413 Mass. 498 , 517, 597 N.E.2d 1037 (1992). 6 *790 We agree with the motion judge that trial counsel's oversight in failing to introduce the defendant's medical records was error. | 1 | 2018–2018 |
Commonwealth v. Robinson
green
1 sentence2018We review unpreserved claims of error to determine whether there was error, and, if so, whether the error created "a substantial risk of a miscarriage of justice." Commonwealth v. Robinson , 444 Mass. 102 , 105 (2005). | 1 | 2018–2018 |
Commonwealth v. Gonzalez
green
1 sentence2018C ., 469 Mass. 447 , 14 N.E.3d 294 (2014). "[W]e consider a defendant's claim even if the action by trial counsel does not constitute conduct 'falling measurably below that ... of an ordinary fallible lawyer.' " Gonzalez , supra at 808-809, 824 N.E.2d 843 , quoting Commonwealth v. MacKenzie , 413 Mass. 498 , 517, 597 N.E.2d 1037 (1992). 6 *790 We agree with the motion judge that trial counsel's oversight in failing to introduce the defendant's medical records was error. | 1 | 2018–2018 |
Commonwealth v. MacKenzie
green
2 sentences2018C ., 469 Mass. 447 , 14 N.E.3d 294 (2014). "[W]e consider a defendant's claim even if the action by trial counsel does not constitute conduct 'falling measurably below that ... of an ordinary fallible lawyer.' " Gonzalez , supra at 808-809, 824 N.E.2d 843 , quoting Commonwealth v. MacKenzie , 413 Mass. 498 , 517, 597 N.E.2d 1037 (1992). 6 *790 We agree with the motion judge that trial counsel's oversight in failing to introduce the defendant's medical records was error. 2018C ., 469 Mass. 447 , 14 N.E.3d 294 (2014). "[W]e consider a defendant's claim even if the action by trial counsel does not constitute conduct 'falling measurably below that ... of an ordinary fallible lawyer.' " Gonzalez , supra at 808-809, 824 N.E.2d 843 , quoting Commonwealth v. MacKenzie , 413 Mass. 498 , 517, 597 N.E.2d 1037 (1992). 6 *790 We agree with the motion judge that trial counsel's oversight in failing to introduce the defendant's medical records was error. | 1 | 2018–2018 |
Commonwealth v. King
green
2 sentences2010L. c. 233, § 79, "does not get the Commonwealth around the requirements of [the first complaint doctrine as articulated in] Commonwealth v. King [, 445 Mass. 217 (2005), cert. denied, 456 U.S. 1216 (2006)]." The Commonwealth argued for the admission of both sets of records, in toto, relying on the medical records exception to the hearsay rule. 2010L. c. 233, § 79, “does not get the Commonwealth around the requirements of [the first complaint doctrine as articulated in] Commonwealth v. King[, 445 Mass. 217 (2005), cert, denied, 456 U.S. 1216 (2006)].” The Commonwealth argued for the admission of both sets of records, in toto, relying on the medical records exception to the hearsay rule. | 1 | 2010–2010 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.