Bouchie v. Murray, 381 N.E.2d 1295 (Mass. 1978). · Go Syfert
Bouchie v. Murray, 381 N.E.2d 1295 (Mass. 1978). Cases Citing This Book View Copy Cite
“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”
145 citation events (36 in the last 25 years) across 7 distinct courts.
Strongest positive: COMMONWEALTH v. HAKIM H., a Juvenile. (massappct, 2024-03-19)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) COMMONWEALTH v. HAKIM H., a Juvenile.
Mass. App. Ct. · 2024 · quote attribution · 1 verbatim quote · confidence high
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
discussed Cited as authority (verbatim quote) COMMONWEALTH v. JAMES LEHAN.
Mass. App. Ct. · 2021 · quote attribution · 1 verbatim quote · confidence high
the purpose of the statute to admit presumptively reliable evidence without the necessity of calling numerous hospital personnel as witnesses
cited Cited as authority (rule) Commonwealth v. Arthur Bubanas.
Mass. App. Ct. · 2026 · confidence medium
They 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).
cited Cited as authority (rule) In the Matter of J.P.
Mass. · 2020 · confidence medium
The purpose of the statute is to "admit presumptively reliable evidence without the necessity of calling numerous hospital personnel as witnesses." Bouchie v. Murray, 376 Mass. 524, 528 (1978).
discussed Cited as authority (rule) Commonwealth v. Palacios
Mass. App. Ct. · 2016 · confidence medium
Such records are presumed reliable because they are made by medical professionals “charged with the responsibility of making accurate entries . . . relied on in the course of treating patients.” Bouchie v. Murray, 376 Mass. 524, 528 (1978).
cited Cited as authority (rule) Commonwealth v. Cole
Mass. · 2015 · confidence medium
See Commonwealth v. Francis, 450 Mass. 132, 139 (2007); Bouchie v. Murray, 376 Mass. 524, 527 (1978).
discussed Cited as authority (rule) Commonwealth v. Strickland
Mass. App. Ct. · 2015 · confidence medium
Finally, the defendant argues that Holli’s and Haleigh’s statements were admissible because they were made for the “purpose of medical diagnosis or treatment.” Bouchie v. Murray, 376 Mass. 524, 529 (1978).
discussed Cited as authority (rule) Aleo v. SLB Toys USA, Inc. (2×) also: Cited "see"
Mass. · 2013 · confidence medium
Statements in medical records are admissible, even though hearsay, where they are made “in the regular course of the institution’s operation from the personal knowledge of the recorder or from a compilation of the personal knowledge of those who have an obligation in the course of their employment to transmit that medical information to the recorder.” Bouchie v. Murray, 376 Mass. 524, 528 (1978).
discussed Cited as authority (rule) Commonwealth v. Irene (2×)
Mass. · 2012 · confidence medium
Subject to the preconditions and limitations set forth in these provisions, we have considered the contents of hospital medical records to be reliable, “because the entries relating to treatment and medical history are routinely made by those responsible for making accurate entries and are relied on in the course of treating patients.” Doyle v. Dong, 412 Mass. 682, 685 (1992), citing Bouchie v. Murray, 376 Mass. 524, 528 (1978). 20 Notwithstanding the presumptive reliability of hospital medical records, because sections of G.
discussed Cited as authority (rule) Commonwealth v. Dyer
Mass. App. Ct. · 2010 · confidence medium
The statute, as appearing in St. 1957, c. 200, provides, “Records kept by hospitals [as required by statute] . . . may be admitted ... as evidence in the courts of the commonwealth so far as such records relate to the treatment and medical history of such cases.” The statute “in effect provides an exception to the hearsay rule which allows hospital records to be admitted to prove the truth of the facts contained therein, in so far as those facts relate to treatment and medical history.” Riley, supra at 700 , quoting from Bouchie v. Murray, 376 Mass. 524, 527 (1978).
cited Cited as authority (rule) Commonwealth v. Durand
Mass. · 2010 · confidence medium
L. c. 233, § 79, see Bouchie v. Murray, 376 Mass. 524, 531 (1978), the Commonwealth never sought to introduce them as an exhibit.
cited Cited as authority (rule) North Shore Chiropractic v. Norfolk & Dedham Group
Mass. Dist. Ct., App. Div. · 2010 · confidence medium
Bouchie v. Murray, 376 Mass. 524, 531 (1978).
discussed Cited as authority (rule) Commonwealth v. Dargon (2×)
Mass. · 2010 · confidence medium
General Laws c. 233, § 79, “makes admissible only those portions of records relating to treatment and medical history which possess the characteristics justifying the presumption of reliability.” Bouchie v. Murray, 376 Mass. 524, 528 (1978).
cited Cited as authority (rule) Commonwealth v. Ramsey
Mass. App. Ct. · 2010 · confidence medium
L. c. 233, § 79, "is not to be interpreted as rendering admissible all the contents of hospital records." Bouchie v. Murray, 376 Mass. 524, 528 (1978).
discussed Cited as authority (rule) Commonwealth v. Dwyer
Mass. · 2006 · confidence medium
The statute establishing the medical records exception to the hearsay rule “is not to be interpreted as rendering admissible all the contents of hospital records,” Bouchie v. Murray, 376 Mass. 524, 528 (1978); rather it makes admissible only those portions of records relating to “treatment and medical history.” G.
discussed Cited as authority (rule) McHoul
Mass. · 2005 · confidence medium
“Generally, evidence based on a chain of statements is admissible only if each out-of-court assertion falls within an exception to the hearsay rule.” Commonwealth v. McDonough, 400 Mass. 639 , 643 n.8 (1987), citing Bouchie v. Murray, 376 Mass. 524, 527-531 (1978).
discussed Cited as authority (rule) Commonwealth v. Johnson
Mass. App. Ct. · 2003 · confidence medium
General Laws c. 233, § 79, creates a hearsay exception that spares “hospital personnel the burden of spending time in court to verify what is recorded as matter of professional routine and ... accord[s] a presumption of reliability to records whose accuracy is relied upon in the treatment of patients.” Commonwealth v. Russo, 30 Mass. App. Ct. 923, 926 (1991), citing Bouchie v. Murray, 376 Mass. 524, 527-528 (1978). 4 “The presumption arises because the entries relating to treatment and medical history are routinely made by those responsible for making accurate entries and are relied on …
discussed Cited as authority (rule) Aziz v. French
Mass. Super. Ct. · 1999 · confidence medium
Prior to its 1988 amendment, this statute was substantially more limited; it authorized admission only of bills for medical services, and those only as evidence of “the necessary, fair and reasonable charge for such services.” Section 79 of c. 233, however, did and still does authorize admission of “(rjecords kept by hospitals, dispensaries or clinics, and sanatoria... so far as such records relate to the treatment and medical history of such cases ...” The Supreme Judicial Court construed that statute in Bouchie v. Murray, 376 Mass. 524, 527-28 (1978).
cited Cited as authority (rule) Commonwealth v. Slonka
Mass. App. Ct. · 1997 · confidence medium
Bouchie v. Murray, 376 Mass. 524, 527-531 (1978).
discussed Cited as authority (rule) Commonwealth v. Sheldon
Mass. · 1996 · confidence medium
General Laws c. 233, § 79, provides in relevant part as follows: “Records kept by hospitals . . . under section seventy of chapter one hundred and eleven shall be admissible . . . as evidence in the courts of the commonwealth so far as such records relate to the treatment and medical history of such cases .- . . but nothing therein contained shall be admissible as evidence which has reference to the question of liability.” The statute contemplates recorded information that relates to medical treatment and to history obtained “for purposes of medical diagnosis or treatment.” Bouchie v.…
discussed Cited as authority (rule) Commonwealth v. Goudreau
Mass. · 1996 · confidence medium
This is so because the content of the unsigned letter was not limited to “those portions of records relating to treatment and medical history which possess the characteristics justifying the presumption of reliability.” Bouchie v. Murray, 376 Mass. 524, 528 (1978).
examined Cited as authority (rule) Doyle v. Dong (8×) also: Cited "see, e.g."
Mass. · 1992 · confidence medium
Those requirements make admissible “those portions of records relating to treatment and medical history which possess the characteristics justifying the presumption of reliability.” Bouchie v. Murray, 376 Mass. 524, 528 (1978). “[E]ntries made in the regular course of the institution’s operation from the personal knowledge of the recorder or from a compilation of the personal knowledge of those who have an obligation in the course of their employment to transmit that medical information to the recorder are admissible under the exception” (emphasis added).
cited Cited as authority (rule) Commonwealth v. Russo
Mass. App. Ct. · 1991 · confidence medium
Bouchie v. Murray, 376 Mass. 524, 527-528 (1978).
discussed Cited as authority (rule) Commonwealth v. Hartman
Mass. · 1989 · confidence medium
The statute operates as an exception to the hearsay rule, permitting “admission of the substantive content of hospital records because of the presumption of reliability which attaches to statements relating to treatment and medical history in these records.” Bouchie v. Murray, 376 Mass. 524, 527-528 (1978).
cited Cited as authority (rule) Dolan v. Commonwealth
Mass. App. Ct. · 1988 · confidence medium
Bouchie v. Murray, 376 Mass. 524, 527, 528-529, 530, 531 (1978).
discussed Cited as authority (rule) Commonwealth v. Segal
Mass. · 1987 · confidence medium
L. c. 233, § 79 (1986 ed.) (admission of hospital records as they “relate to the treatment and medical history” but not to “the question of liability”); Commonwealth v. Bohannon, 385 Mass. 733, 749-750 (1982); Bouchie v. Murray, 376 Mass. 524, 527-530 (1978); Commonwealth v. Lannon, 364 Mass. 480, 484 (1974).
cited Cited as authority (rule) Commonwealth v. McDonough
Mass. · 1987 · confidence medium
Bouchie v. Murray, 376 Mass. 524, 527-531 (1978).
discussed Cited as authority (rule) Commonwealth v. Baldwin (2×) also: Cited "see"
Mass. App. Ct. · 1987 · confidence medium
The complaining witness was, thus, twenty-one by the time she testified. 4 No one attempted an interpretation of the last line of notes or attempted to draw inferences from it. 5 See Bouchie v. Murray, 376 Mass. 524, 527 (1978). 6 Sufficiency of the evidence as to indecent assault and battery is not in contest. 7 See G.
discussed Cited as authority (rule) Peter J. Ricciardi v. The Children's Hospital Medical Center (2×)
1st Cir. · 1987 · confidence medium
The Supreme Judicial Court described it “in effect” as an exception to the hearsay rule that “allows admission of the substantive content of hospital records because of the presumption of reliability which attaches to statements relating to treatment and medical history in these records.” Bouchie v. Murray, 376 Mass. 524, 527-28 , 381 N.E.2d 1295, 1298 (1978).
discussed Cited as authority (rule) Commonwealth v. Riley (2×) also: Cited "see"
Mass. App. Ct. · 1986 · confidence medium
Ill, § 70] shall be admissible ... as evidence ... so far as such records relate to the treatment and medical history of such cases . . . but nothing therein contained shall be admissible as evidence which has reference to the question of liability.” The statute “in effect provides an exception to the hearsay rule which allows hospital records to be admitted to prove the truth of the facts contained therein, in so far as those facts relate to treatment and medical history.” Bouchie v. Murray, 376 Mass. 524, 527 (1978).
cited Cited as authority (rule) McLean Hospital Corp. v. Rumage
Mass. Dist. Ct., App. Div. · 1985 · confidence medium
L. c. 233, §79, Bouchie v. Murray, 376 Mass. 524, 527-528 (1978).
discussed Cited as authority (rule) Butler v. Ballard
Tenn. Ct. App. · 1985 · confidence medium
Among cases from other jurisdictions considering the admissibility of hearsay statements within hospital records are Bouchie v. Murray, 376 Mass. 524 , 381 N.E.2d 1295, 1297-99 (1978) (a similar analysis of multiple hearsay, but because of statutory differences, the court allowed admission of all statements relevant to treatment and diagnosis); State v. Thrasher, 654 S.W.2d 142, 144 (Mo.Ct.App.1983) (here the court excluded multiple hearsay, making the interesting observation that should the person making the report be called to testify in person, he would be unable to testify as to the statem…
discussed Cited as authority (rule) Wright v. American Precast Concrete
Mass. App. Ct. · 1985 · confidence medium
Drinks beers — 6-10/Day.” Precast erroneously argues that because that statement relates to Wright’s treatment and diagnosis (see Commonwealth v. Franks, 359 Mass. 577, 579 [1971]; Commonwealth v. Gogan, 389 Mass. 255, 263 [1983]), the statement is admissible under § 79: A hospital record is not admissible in evidence under § 79 simply by reason of the fact that it meets the criteria set out in Bouchie v. Murray, 376 Mass. 524, 531 (1978).
discussed Cited as authority (rule) Commonwealth v. Dunne (2×)
Mass. · 1985 · confidence medium
See Commonwealth v. Perry, 385 Mass. 639, 641-642 (1982); Bouchie v. Murray, 376 Mass. 524, 531 (1978).
discussed Cited as authority (rule) Breeding v. Dodson Trailer Repair, Inc. (2×)
Mo. · 1984 · confidence medium
State v. Garza, 337 N.W.2d 823, 824 (S.D. 1983); Howe v. State, 611 P.2d 16, 20 (Alaska 1980); State v. Daniels, 180 Conn. 101 , 429 A.2d 813, 816 (1980); State v. Red Feather, 205 Neb. 734 , 289 N.W.2d 768, 771 (1980); Booker v. Duke Medical Center, 297 N.C. 458 , 256 S.E.2d 189, 202 (1979); Bouchie v. Murray, 376 Mass. 524 , 381 N.E.2d 1295, 1298 (1978); Candella v. Subsequent Injury Fund, 277 Md. 120 , 353 A.2d 263, 265 (1976); People v. Gant, 58 Ill.2d 178 , 317 N.E.2d 564, 569 (1974); Cody v. S.K.F.
cited Cited as authority (rule) In Re Catholic Charitable Bureau of the Archdiocese of Boston, Inc.
Mass. · 1984 · confidence medium
L. c. 233, § 79, see Bouchie v. Murray, 376 Mass. 524, 528 (1978); see also P.J.
discussed Cited as authority (rule) Commonwealth v. McDuffie (2×) also: Cited "see"
Mass. App. Ct. · 1983 · confidence medium
L. c. 233, § 79, see Commonwealth v. Perry, 385 Mass. 639, 641-642 (1982); Commonwealth v. Gogan, 389 Mass. 255, 263 (1983), many of the statements in the report were inadmissible under § 79 for the reasons set out in Bouchie v. Murray, 376 Mass. 524, 528-529 (1978), and Kelly v. O’Neil, 1 Mass. App. Ct. 313, 316-317 (1973).
cited Cited as authority (rule) Custody of a Minor
Mass. App. Ct. · 1983 · confidence medium
L. c. 233, § 79 (see Bouchie v. Murray, 376 Mass. 524, 527-529 [1978]), unless they came within the psychotherapist-patient privilege of G.
cited Cited as authority (rule) Terrio v. McDONOUGH HARTFORD FIRE INS. CO.
Mass. App. Ct. · 1983 · confidence medium
It was rightly excluded under Bouchie v. Murray, 376 Mass. 524, 528 (1978).
cited Cited as authority (rule) Commonwealth v. Gogan
Mass. · 1983 · confidence medium
Bouchie v. Murray, 376 Mass. 524, 527 (1978).
cited Cited as authority (rule) Neustadt v. Gennelly
Mass. Dist. Ct., App. Div. · 1983 · confidence medium
Bouchie v. Murray, 376 Mass. 524, 527 (1978); Commonwealth v. Franks, 359 Mass. 577, 579 (1971); Bates Block Assoc., Inc. v. Milady’s Shop, Inc., 3 Mass. App. Ct. 776, 777 (1975).
discussed Cited as authority (rule) Commonwealth v. Reed
Mass. App. Ct. · 1983 · confidence medium
L. c. 233, § 79; Bouchie v. Murray, 376 Mass. 524, 529-530 [1978]) the evidence was merely cumulative and clearly harmless in view of the fact that the nurse practitioner was herself a witness at the trial and properly testified as a fresh complaint witness to the same history in substantially the same language.
discussed Cited as authority (rule) Diaz v. Eli Lilly & Co.
Mass. App. Ct. · 1982 · confidence medium
As pointed out in Bouchie v. Murray, 376 Mass. 524, 527-528 (1978), “the statute allows admission of the substantive content of hospital records because of the presumption of reliability which attaches to statements relating to treatment and medical history in these records . . ..
discussed Cited as authority (rule) Commonwealth v. Bohannon
Mass. · 1982 · confidence medium
L. c. 111, § 70] shall be admissible ... as evidence ... so far as such records relate to the treatment and medical history of such cases.” “This statute in effect provides an exception to the hearsay rule which allows hospital records to be admitted to prove the truth of the facts contained therein, in so far as those facts relate to treatment and medical history.” Bouchie v. Murray, 376 Mass. 524, 527 (1978), citing Commonwealth v. Copeland, 375 Mass. 438, 441-442 (1978).
discussed Cited as authority (rule) Commonwealth v. Perry (2×) also: Cited "see, e.g."
Mass. · 1982 · confidence medium
The defendant argues that the excluded portions contained “information . . . germane to the patient’s treatment or medical history,” Bouchie v. Murray, 376 Mass. 524, 531 (1978), and should have been admitted under G.
examined Cited as authority (rule) Wingate v. Emery Air Freight Corp. (8×) also: Cited "see"
Mass. · 1982 · confidence medium
Bouchie v. Murray, 376 Mass. 524, 527-531 (1978).
discussed Cited as authority (rule) Doherty's Case
Mass. App. Ct. · 1980 · confidence medium
We need not decide which statute is applicable, see Fitzgibbons’s Case, 374 Mass. 633 , 639 n.2 (1978), or whether the patient’s history is admissible even under the more restrictive statute as an admission of a party, see Walker v. West Coast Fast Freight, Inc., 233 F.2d 939, 942-943 (9th Cir. 1956); McCormick, Evidence § 313, at 731 (2d ed. 1972), or as a statement of a patient to a physician consulted for treatment, see Bouchie v. Murray, 376 Mass. 524, 531 (1978).
discussed Cited as authority (rule) Commonwealth v. Walker
Mass. · 1979 · signal: cf. · confidence medium
See Kelly v. O’Neil, 1 Mass. App. Ct. 313, 316-317 (1973); Cf. Bouchie v. Murray, 376 Mass. 524, 528-530 (1978); Commonwealth v. Alves, 6 Mass. App. Ct. 572, 582-583 (1978); Commonwealth v. Happnie, 3 Mass. App. Ct. 193, 199 (1975).
discussed Cited "see" Commonwealth v. Cassidy
Mass. · 2014 · signal: see · confidence high
See Commonwealth v. Caillot, 449 Mass. 712, 721 (2007). "[E]vidence based on a chain of statements is admissible only if each out-of-court assertion falls within an exception to the hearsay rule." Commonwealth v. McDonough, 400 Mass. 639 , 643 n.8 (1987), citing Bouchie v. Murray, 376 Mass. 524, 527-531 (1978).
discussed Cited "see" Commonwealth v. Wright
Mass. · 2014 · signal: see · confidence high
See Common *465 wealth v. Caillot, 449 Mass. 712, 721 (2007). “[Ejvidence based on a chain of statements is admissible only if each out-of-court assertion falls within an exception to the hearsay rule.” Commonwealth v. McDonough, 400 Mass. 639 , 643 n.8 (1987), citing Bouchie v. Murray, 376 Mass. 524, 527-531 (1978).
Robert A. Bouchie & Another vs. Harriet E. Murray, Administratrix
Massachusetts Supreme Judicial Court.
Oct 10, 1978.
381 N.E.2d 1295
I. Irving Kline for the plaintiffs., Samuel F. Hyland for the defendant.
Hennessey, Quirico, Braucher, Kaplan, Wilkins, Liacos, Abrams.
Cited by 80 opinions  |  Published

Lead Opinion

Abrams, J.

In this negligence action the plaintiffs, Robert A. Bouchie and Salvatore LoGrande, appeal from judgments for the defendant administratrix. The only issue before us is whether the trial judge erred in admitting certain portions of Bouchie’s hospital record. We find error in the admission of the record and conclude that this error requires reversal and a new trial.

We summarize the facts. On April 1,1966, at approximately 10:30 p.m., the plaintiffs were traveling in Bouchie’s automobile in a westerly direction on Essex Avenue, a three-lane road running from Gloucester to Essex. Bouchie was driving, and LoGrande was seated in the front passenger seat. At the point on Essex Avenue where the plaintiffs were then located, the road has two westbound lanes, which are separated from each other by a broken white line, and one eastbound lane, which is separated from the westbound lanes by a solid yellow line.

While attempting to pass a slower westbound automobile, Bouchie’s vehicle collided with an eastbound automobile which was being driven by Wallace Parsons. There was conflicting testimony concerning whether the impact occurred in the eastbound or in the westbound lane. LoGrande suffered an injury to the right knee, and Bouchie sustained a cerebral laceration to the left frontal temporal area.

At the trial Bouchie introduced testimony from Dr. Sidney Paly, a full staff member at Salem Hospital and[*526] specialist in neurosurgery. Dr. Paly examined Bouchie on three occasions from April to October, 1966, for possible brain damage sustained by Bouchie as a result of the automobile accident. Dr. Paly stated that Bouchie was suffering from anosmia, a loss or impairment of the sense of smell.

On direct examination, Dr. Paly read the following notes from his October, 1966, office examination of Bouchie: "Working very hard. Works nights. Has bizarre habits. Hunts. Has bought new guns. Now has lost interest in the whole idea of guns. Sleeps a great deal. No ambition. Used to be very ambitious. Smell and taste still poor to absent. RE, olfactory deficit. No headache now. Cried a great deal. Wants to die.”

Dr. Paly recommended that Dr. Charles M. Storey, a psychiatrist, evaluate Bouchie’s psychiatric status. Dr. Storey examined Bouchie and forwarded his findings to Dr. Paly in a consultation record of the Salem hospital. During his cross-examination of Dr. Paly, the defendant attempted to introduce the entire Salem hospital record which included Dr. Storey’s consultation record. The plaintiffs objected to the admission of the following sentences in the consultation record: "Wife says it occurred when [Bouchie] enraged and out of control----[S]he felt he was going to have a nervous breakdown, but had the accident instead.” The plaintiffs objected on the grounds that the statements made by Dr. Storey in the consultation record referring to what Mrs. Bouchie said were inadmissible and prejudicial and related more to the question of liability than to treatment or medical history. The judge declined to delete the sentences objected to by the plaintiffs.

The defendant continued his cross-examination of Dr. Paly. Without objection by the plaintiffs, Dr. Paly read the following from his notes of an April 14, 1966, office examination of Bouchie: "Nervous. Very flat effect. Irritated with children. Wife very agitated. Was very agitated and upset before the accident. Hit wife a lot before[*527] the accident. Watches T.V. with no effect, no humor. Emotionally disturbed. Valium, 5 milligrams, four times daily. Question of accident relation to his personality disorder. Patient was in a rage.”

The plaintiffs first contend that the challenged portions of the hospital record were inadmissible under G. L. c. 233, § 79, because they related to liability rather than to Bouchie’s treatment and medical history. We need not decide this issue, however, since we conclude that in any event Mrs. Bouchie’s statements contained in the hospital record are inadmissible. At least two of the statements do not relate to diagnosis or treatment and both of them are second-level hearsay which is not rendered admissible by the statutory hospital records exception to the hearsay rule, G. L. c. 233, § 79.[3]

General Laws c. 233, § 79, as amended through St. 1974, c. 225, provides in pertinent part: "Records kept by hospitals ... under [G. L. c. Ill, § 70] shall be admissible ... as evidence ... so far as such records relate to the treatment and medical history of such cases ... but nothing therein contained shall be admissible as evidence which has reference to the question of liability.” This statute in effect provides an exception to the hearsay rule which allows hospital records to be admitted to prove the truth of the facts contained therein, in so far as those facts relate to treatment and medical history. Commonwealth v. Copeland, 375 Mass. 438, 441-442 (1978).

The legislation was "enacted primarily to relieve the physicians and nurses of public hospitals from the hardship and inconvenience of attending court as witnesses to facts which ordinarily would be found recorded in the hospital books.” Leonard v. Boston Elevated Ry., 234 Mass. 480, 482 (1920). See Commonwealth v. Copeland, supra at 442. More importantly, however, the statute al[*528] lows admission of the substantive content of hospital records because of the presumption of reliability which attaches to statements relating to treatment and medical history in these records. This presumption of reliability of the information contained in hospital records arises primarily from the fact that entries in these records are routinely made by those charged with the responsibility of making accurate entries and are relied on in the course of treating patients. See Standard Oil Co. v. Moore, 251 F.2d 188, 213 (9th Cir. 1957), cert. denied, 356 U.S. 975 (1958); McCormick, Evidence § 313 (2d ed. 1972); 4 J. Weinstein & M. Berger, Evidence par. 803 (6) [01] (1977); Note, Revised Business Entry Statutes: Theory and Practice, 48 Colum. L. Rev. 920,922-923 (1948). See also Mayor v. Dowsett, 240 Or. 196, 225-226 (1965).

In interpreting the medical records exception to determine whether certain portions of records, which might relate to treatment and medical history, are admissible, the purpose of the statute — to admit presumptively reliable evidence without the necessity of calling numerous hospital personnel as witnesses — must be kept in mind. The 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. See 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. L. Rev. 920, 927 (1948). Hence entries made in the regular course of the institution’s operation from the personal knowledge of the recorder or from a compilation of the personal knowledge of those who have an obligation in the course of their employment to transmit that medical information to the recorder are admissible under the exception, Any other statements in the record which relate to treatment and medical history and which are offered[*529] for the truth of the matter contained therein must fall within some other exception to the hearsay rule in order to be admissible. See Kelly v. O’Neil, 1 Mass. App. Ct. 313, 316-317 (1973); Juaire v. Nardin, 395 F.2d 373, 379 (2d Cir.), cert. denied sub nom. Juaire v. Walter Marshak, Inc., 393 U.S. 938 (1968); McCormick, Evidence § 313 (2d ed. 1972); 4 J. Weinstein & M. Berger, Evidence par. 803 (6) [02] (1977); Green, The Model and Uniform Statutes Relating to Business Entries as Evidence, 31 Tul. L. Rev. 49, 61-64 (1956); Laughlin, Business Entries and the Like, 46 Iowa L. Rev. 276, 296-303 (1961); Note, Revised Business Entry Statutes: Theory and Practice, 48 Colum. L. Rev. 920, 926-929 (1948).

For this reason, therefore, the physician’s record of the patient’s own account of his medical history generally would be admissible because of the presumptive reliability of the patient’s statement to a physician consulted for treatment. See, e.g., Barber v. Merriam, 11 Allen 322, 324-325 (1865); W. B. Leach & P. J. Liacos, Massachusetts Evidence 247-248 (4th ed. 1967); McCormick, Evidence §§ 292, 313 (2d ed. 1972).

As we have said, the hospital records statute is only designed to eliminate the cost and inconvenience of locating and calling as witnesses all those who wrote in a hospital record as well as all those who performed medical services for the patient and reported their results to a person authorized to enter the information in the hospital record. What gives the hospital records presumptive reliability is the fact that persons treating the patient rely on this information. However, the force of the presumption of reliability underlying the statute diminishes substantially where the statements contained in the hospital record derive neither from the personal knowledge of the physician nor from the patient himself, and may not have been made by the third person for the purpose of medical diagnosis or treatment. Mrs. Bouchie’s statements to Dr. Storey that Bouchie was “enraged and-out of control” and that Bouchie “had the accident instead”[*530] of a nervous breakdown clearly were not based on her personal observations. Moreover, we cannot imagine any way in which those two statements can be read as pertaining to diagnosis or treatment. Thus, there is no ground on which to find her statements admissible on objection by the plaintiffs. The hospital records exception was not designed to facilitate the admission in evidence of voluntary statements made by third parties which may have been included in the hospital record and unrelated to diagnosis or treatment. Thus statements objected to by the plaintiffs were not admissible under the hospital records exception. Moreover, they did not come within any other exception to the hearsay rule. The statements therefore were inadmissible to prove the truth of the matters contained therein.[4]

Consequently, we conclude that the admission of these statements by Mrs. Bouchie was erroneous. The defendant argues, however, that this error was harmless because similar evidence was introduced without objection through the testimony of Dr. Paly and because there was substantial evidence indicating that Bouchie, not the defendant, was negligent. However, since the evidence of liability is sufficiently conflicting, we are unable to conclude that the error was harmless. The judgments for the defendant must therefore be reversed.

At the retrial of this case, the judge may, in his or her discretion, decide that Mrs. Bouchie’s statement that her husband "had been very unhappy [and] dissatisfied before [the] accident” is admissible under our statute be[*531] cause it was made in circumstances which indicate that its inclusion in the hospital record was for the purpose of assisting medical personnel in diagnosis and treatment. We think that the statute may be read to permit the admission of a medical history taken from a person with reason to know of the patient’s medical history by virtue of his or her relationship to the patient. Such a history may contain personal knowledge gained from observation or knowledge gained from an intimate relationship. We think that our statute should be read to include such statements if made for purposes of medical diagnosis or treatment and if the declarant’s relationship to the patient and the circumstances in which the statements are made guarantees their trustworthiness. See Commonwealth v. DeBrosky, 363 Mass. 718,725 n.6 (1973). See also 4 J. Weinstein & M. Berger, Evidence par. 803 (4) [01], at 123-124 (1977).

If the statement is found to be admissible in these circumstances, the trial judge should give appropriate limiting instructions to the jury that this evidence has no bearing on the question of liability. See Leonard v. Boston Elevated Ry., 234 Mass. 480, 483 (1920).

In conclusion we recommend that the following analysis be employed at trial to determine the admissibility of material contained in a hospital record. First, the document must be the type of record contemplated by G. L. c. 233, § 79. Second, the information must be germane to the patient’s treatment or medical history. Clark v. Beacon Oil Co., 271 Mass. 27 (1930). Third, the information must be recorded from the personal knowledge of the entrant or from a compilation of the personal knowledge of those who are under a medical obligation to transmit such information. Fourth, voluntary statements of third persons appearing in the record are not admissible unless they are offered for reasons other than to prove the truth of the matter contained therein or, if offered for their truth, come within another exception to the hearsay rule or the general principles discussed supra.

Judgments reversed.

3

The plaintiffs’ objection to the admission of those statements, which pointed out to the judge that Dr. Storey’s statements referred to what Mrs. Bouchie said, was sufficient to raise this hearsay issue.

4

This result is consistent with the leading case of Johnson v. Lutz, 253 N.Y. 124 (1930). In that case, statements were made by bystanders to a policeman at the scene of the accident. In holding that such statements contained in the policeman’s report were inadmissible when offered in evidence, the court stated that the relevant business entry statute "was not intended to permit the receipt in evidence of entries based upon voluntary hearsay statements made by third parties not engaged in the business or under any duty in relation thereto.” Id. at 128. See also Gilligan v. International Paper Co., 24 N.J. 230 (1957).

Concurrence

[*532] Braucher, J.

(concurring in the result). I agree that the judgments should be reversed because part of the hospital record admitted over objection and without any limiting instruction did not relate to treatment or medical history. But I do not join in all that is said in the opinion. Our hospital records statute, G. L. c. 233, § 79, is separate from our general business records statute, G. L. c. 233, § 78.1 am not prepared to import into our statute a "general view” as to different statutes in other States, without some warrant in the text of our statute. See Commonwealth v. DeBrosky, 363 Mass. 718, 725 n.6 (1973). In particular, our hospital records statute "in effect provides an exception to the hearsay rule” for facts that "pertain to treatment and medical history.” Commonwealth v. Copeland, 375 Mass. 438, 442 (1978). I find in the statute no requirement, as to such facts, that there be some other applicable exception to the hearsay rule. Cf. Kelley v. Jordan Marsh Co., 278 Mass. 101, 110-111 (1932) (entries not relating to treatment or medical history). In my view the reliability of statements covered by the statute is left to the discretion of the trial judge by the explicit words of the statute.