Legal Question in Criminal Law in California

During a domestic assault, I sustained stab wounds on my stab. They were not lifethreatening. A bloodly knife was found at the scene. Due to my other injuries, I was transferred to three hospitals. When I was released from the last hospital, the stab wounds had been treated, they were bandaged. When I got the medical reports, there is no mention or identification of these wounds. This omission is critical in whether or not the defendant can be charged with ADW in addition to mayhem and corporal injury to spouse. My mom and sister were in the room and heard the doctor talking about the wounds. I called the hospital and got the total runaround. How can I get the doctor to correct his medical reports? I have photos of the wounds taken by the investigating officer immediately after I was released from the hospital and witnesses who heard the doctor talking about the them.


Asked on 7/25/09, 6:15 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Medical reports aren't admissible in evidence. They are hearsay, so the doctor must be questioned on the witness stand. Mayhem is already a very serious crime for which the defendant, if convicted, will receive a lengthy sentence. I bet the DA will also charge and get a conviction of ADW.

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Answered on 7/25/09, 6:21 am


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