Cases

Medical and billing records of hospital deemed non-admissible notwithstanding the fact that these records were admitted through the deposition of records custodians.  Records of regularly conducted business activity are admissible under Section 90.803(6), Florida Statutes, if it is shown that they were 1) made at or near the time of the event recorded; 2) by or from information transmitted by a person with knowledge; 3) kept in the regularly conducted business activity and 4) was the regular practice of that business to make such a record.  The parties seeking admissibility of these records in this case failed to elicit evidence of the first and second elements set forth above.  JCC erred in admitting documents into evidence notwithstanding the fact that the objecting party objected at the time of the deposition and at the time of the final hearing.