Affirmed Medical Reports

In most circumstances, the Court will only consider a medical record if it is sworn to under penalty of perjury by the medical professional who provided the treatment that the report describes. For most people, a statement cannot be “sworn” until after an oath has been administered by someone qualified to do so, such as a notary public. Under New York State law however, licensed medical doctors are permitted to “affirm” the truth of their medical records without requiring the services of a notary, saving physicians time, expense, and difficulty, so they can focus their energies on what they do best: treating people who need their help. But a word of caution: cases can be and have been dismissed before trial where the medical record fails to specifically state that it is “sworn to under penalty of perjury”. The lesson here is simple: irrespective of the quality of treatment, the mere failure to use the proper language in a medical record can be the difference between receiving compensation for your injuries and having your case dismissed.