V Questions Intended to Show the Absence of Medical Evidence of Pre-existing Condition Utilizing Ill. R. Evid. 803(7)

• Library: The Direct Examination of the Plaintiff's Treating Physician (2017 Ed.)

V. QUESTIONS INTENDED TO SHOW THE ABSENCE OF MEDICAL EVIDENCE OF PRE-EXISTING CONDITION UTILIZING ILL. R. EVID. 803(7)

What follows is an example of the use of Ill. R. Evid. 803(7) to show the absence of, or to minimize the gravity of, the plaintiff's pre-existing condition:

[The defense claims the plaintiff had pre-existing degenerative arthritis and that this condition accounts for the plaintiff's continuing pain at the time of trial].

Q. Doctor, I ask again if you could look at the medical records previously admitted as Group Exhibit 6, do you have that?
A. Yes. I have it right here.
Q. Now, you previously explained to us that these are Jon's medical records from your office - but have you recently reviewed these records?

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