Reference no: EM133701516

This is a civil rights action. The plaintiff, a prison inmate, claims that a prison guard improperly confiscated his medication, which he needed to control epilepsy, resulting in the plaintiff having repeated seizures. At trial, the defense calls a nurse at the prison. On direct examination the nurse testifies that she was not the plaintiff's nurse and never saw the plaintiff but according to his medical records, he failed to pick up his medication from the prison infirmary on seven different dates. She testified that she had reviewed portions of the prisoner's medical file relating to the dispensing of medication. The nurse read from the records the dates on which the prisoner failed to pick up his epilepsy medication from the prison infirmary. The file has not been admitted in evidence. Should the nurse be allowed to testify?