Resistance to Federal Rule 1006 Summaries Decreasing

The decision by Judge Sabatino in Trenton, NJ in May 2002 in the Heinzerling case (359 NJ Super 1 Appelate Division) has reduced the objections to the use of a nurse to explain medical records. In Heinzerling, which was ultimately settled, a nurse prepared a report to explain the months of treatment a patient received following a delayed diagnosis of lung cancer. After the defense filed a brief to exclude the report of the nurse, Judge Sabatino determined that it was acceptable to use a nurse to conveniently and effectively explain medical records. Gerald Stockman was the attorney in this case.

Use of a nurse to explain medical records is effective when records are voluminous and the injuries are significant. The report may incorporate timelines, medical illustrations of injuries, lists of major problems, graphics showing medication that was required, scanned portions of medical records, and other exhibits. This presentation uncovers the information in the medical record in a way that helps the layperson understand what happened to the patient.

Read about Jane Heron’s effectiveness in this role in an Ohio trial. Download the article here. 1006 Summary Witness

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