Note" bearing the signature of Dr. Whitecloud and dated October 18, 1993. This document was offered for the limited purpose of showing that Dr. Whitecloud intended to perform surgery on Ms. Lemoine on the 18th day of November, 1993, or just sixteen days after trial. A copy of the document was given to the defendant the afternoon before trial and the defendant objected to its introduction contending, that despite the limited purpose offering, the late notice was prejudicial. The defendant argued the late notice precluded it from deposing Dr. Whitecloud or conferring with the other medical experts as to the validity of Dr. Whitecloud's opinion concerning surgery. In addition, the defendant argued that the medical records did not conform to the requirements of Hearing Officer Rule 2143 whichprovides for the admissibility of medical records. On the other hand, the plaintiff argued that Dr. Whitecloud's records were listed on an amendment to the plaintiff's pretrial order which the defendant received on October 26, 1993, and there was great difficulty in obtaining the records which did not arrive in his office until November 1, 1993. The records were promptly sent to opposing counsel by facsimile on that same day.
After extended argument, the hearing officer allowed the report's introduction but left the record open until February 15, 1994, to allow Dr. Whitecloud's deposition to be taken; to allow the doctor's report to be submitted to the previous treating physicians and for them to submit supplemental reports, or to obtain supplemental depositions; and to allow the defendant the opportunity