The Maryland Court of Appeals recently held that trial court didn’t err in admitting Petitioner’s post-accident medical treatment records under Maryland Rule 5-703. The Court concluded that “disclosed” under Maryland Rule 5-703(b) means that evidence is admissible if it satisfies four elements set forth in the rule.
Such evidence may, in trial court’s discretion, be disclosed to the jury to explain factual bases for the expert’s opinion. Here, the medical records satisfied the four elements of the rule because they were trustworthy, unprivileged, reasonably relied upon by Respondent’s expert in forming his opinions, and necessary to illuminate his expert testimony. The Court of Appeals also concluded that, even if disclosure, i.e., admission, of medical records under Rule 5-703 was an error, the error was harmless, as Petitioner failed to demonstrate that she was prejudiced by admission of medical records or their use at trial.