What is the current state of the law on medical records?

California, United States of America


The following excerpt is from People v. Chavez, B220525 (Cal. App. 2011):

criminal trial or determining if a criminal charge should issue"].) "The fact that [business] records may, at times, become relevant evidence in a criminal trial, or even that such future use may be foreseeable, does not change the purpose for which the records were prepared." (People v. Taulton, supra, at p. 1224; see also People v. Cage (2007) 40 Cal.4th 965, 986 ["primary purpose" of patient's statement in medical records "was not to establish or prove past facts for possible criminal use, but to help [the treating doctor] deal with the immediate medical situation he faced"].)

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