characteristics justifying presumption (Massachusetts) · Go Syfert
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characteristics justifying presumption in Massachusetts

9 Massachusetts opinions name it 2 courts 1978–2026 3 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.

Followed or applied (7)

CaseFollowedCited
Bouchie v. Murraygreen
mass · 1978 · cited in 6 Massachusetts opinions naming this issue, 1982–2026
2 sentences

2026They relate to the victim's treatment and medical history and "possess the characteristics justifying the presumption of reliability." Bouchie v. Murray, 376 Mass. 524, 528 (1978).

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").

56
Commonwealth v. Dargongreen
mass · 2010 · cited in 2 Massachusetts opinions naming this issue, 2021–2024
2 sentences

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.

2021Commonwealth v. Dargon, 457 Mass. 387, 396 (2010).

12
Commonwealth v. Johnsongreen
massappct · 2003 · cited in 1 Massachusetts opinions naming this issue, 2026–2026
1 sentence

2026One challenged record appears on the emergency department admission form, written by the hospital professional conducting triage for head injuries in an intellectually disabled person; the other appears in treatment notes from the victim's medical provider and lists a "past medical history" including "mild mental retardation." The judge did not abuse his discretion in admitting these records given that they were "of a nature . . . relied on by medical professionals in administering health care." Commonwealth v. Johnson, 59 Mass. App. Ct. 164, 169 (2003).

11
Commonwealth v. Vitellogreen
mass · 1978 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
1 sentence

2014However, “[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.

11
Diaz v. Eli Lilly & Co.green
massappct · 1982 · cited in 1 Massachusetts opinions naming this issue, 1996–1996
1 sentence

1996See Diaz v. Eli Lilly & Co., 14 Mass. App. Ct. 448, 452-453 (1982).

11
Yates v. Bair Transport, Inc.green
nysd · 1965 · cited in 1 Massachusetts opinions naming this issue, 1978–1978
2 sentences

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.

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.

11
Commonwealth v. Dawngreen
mass · 1939 · cited in 1 Massachusetts opinions naming this issue, 1978–1978
2 sentences

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.

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.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 233, § 79 (9) MA § Mass. Gen. Laws ch. 111, § 70 (4) MA § Mass. Gen. Laws ch. 265, § 22 (3)

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.

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