20130925-220750.jpg
X-ray are essentially a type of photograph and are admissible if:

1.The x-rays are authenticated, and

2.The x-ray technician’s competence is shown.

The sponsoring witness must establish that the x-ray is a “true and accurate representation of the evidence portrayed.” Lewis v. State, 730 N.E.2d 686, 690-691 (Ind. 2000), citing to, Labelle v. State, 550 N.E.2d 752, 754 (Ind. 1990); Lewis v. State, 730 N.E.2d 686, 691 (Ind. 2000). In this regard, if the x-ray is shown to have been taken by a regular x-ray technician in a hospital, no further showing of the technician’s qualifications or the machine’s reliability is necessary. Howard v. State, 264 Ind. 275, 342 N.E.2d 604, 608–609 (1976). Typically, the doctor ordering the x-rays is familiar with the group takiing the x-rays and is able to vouch for their competency and reliability.

Leave a comment

The Author

Rich Cook has been practicing law for over 40 years and has been recognized by his peers for his contributions to the development of personal injury law and trial advocacy in the State of Indiana.

Related posts