XIV Refreshing Recollection

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

XIV. REFRESHING RECOLLECTION

Though it is technically objectionable, lawyers will usually allow a medical doctor to testify with her records in front of her even if the records have not been admitted into evidence. Though reference to such records may be a violation of the Rules of Evidence, it is another customary accommodation attorneys allow to assist in the orderly flow of evidence. Sometimes, however, either because the records do not contain information needed by the treating physician or because she is not using the records, the doctor's memory will need to be refreshed with a writing. Perhaps the question is: "When did plaintiff complete physical therapy?" Only the therapy notes - not the physician's - contain such information. The physician's memory must be refreshed with the therapist's notes.

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