Doyle v. Dong

The hospital record at issue contains second-level hearsay for which no exception to the rule against hearsay exists. It therefore should not have been admitted in evidence. I dissent.

General Laws c. 233, § 79 (1990 ed.), provides an exception to the hearsay rule for certain hospital records.1 In *690Bouchie v. Murray, 376 Mass. 524, 531 (1978), the court established a four-part test to determine when hospital records are admissible under § 79:

“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…