Opinion
2001-09008
Submitted January 14, 2003.
February 4, 2003.
In an action, inter alia, to recover damages for medical malpractice, the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Thomas, J.), entered September 18, 2001, which, upon a jury verdict, is in favor of the defendant and against them, dismissing the complaint.
Vitacco Vitacco, Elmhurst, N.Y. (Guy R. Vitacco, Jr., of counsel), for appellants.
Aaronson, Rappaport, Feinstein Deutsch, LLP, New York, N.Y. (Steven C. Mandell of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, JJ.
ORDERED that the judgment is affirmed, with costs.
Where a proper foundation is laid, a physician's office records or hospital records, including medical opinion, are admissible as evidence at trial to the extent that they are germane to diagnosis and treatment (see Williams v. Alexander, 309 N.Y. 283, 287; Wilson v. Bodian, 130 A.D.2d 221, 231; CPLR 4518[a]). Thus, the office records of the plaintiff's treating physicians were properly admitted into evidence.
In addition, the defendant's experts were entitled to rely on the facts set forth in those records, as they did not base their expert opinions upon the conclusions contained in the records (see O'Shea v. Sarro, 106 A.D.2d 435, 437; Borden v. Brady, 92 A.D.2d 983).
RITTER, J.P., GOLDSTEIN, LUCIANO and SCHMIDT, JJ., concur.