Why are healthcare records considered hearsay evidence?

Healthcare records are considered hearsay evidence primarily because entries are not made under oath. Hearsay refers to statements made outside of court that are presented to prove the truth of the matter asserted. In the legal context, for evidence to be deemed reliable and admissible, it typically must be made under oath, allowing for cross-examination, credibility assessment, and ensuring accuracy.

In contrast, healthcare records are often created by healthcare practitioners in the course of providing treatment and may not include a formal verification process akin to testimony in a courtroom. The absence of an oath means that the information documented is not subjected to the same level of scrutiny as sworn testimony, raising concerns about its reliability and integrity in a legal setting. This is central to understanding why medical records can be viewed as hearsay, as their creation does not involve the same legal formalities that other forms of evidence require to ensure their credibility.