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Federal Evidence • Hearsay Exceptions - Unavailability NOT Required
EVID#051
Legal Definition
These are statements describing a past physical or mental condition if they are made for the purpose of medical diagnosis or treatment (e.g., pain, case of pain, symptoms, medical history).
It doesn't matter whether the witness is available or not.
It doesn't matter whether the witness is available or not.
Plain English Explanation
Statements about a person's past physical or mental health are allowed in court if they were made to get a diagnosis or treatment, even if the person who made the statements does not testify.
Imagine you're telling a doctor about a past injury or how you felt mentally a while ago. You're doing this to get treated or diagnosed. Now, if your case goes to court, you may want what you told the doctor to be used as evidence that you're not just making up your pain. This rule exists because what you say to doctors for your health care is usually honest and important for understanding your condition.
Imagine you're telling a doctor about a past injury or how you felt mentally a while ago. You're doing this to get treated or diagnosed. Now, if your case goes to court, you may want what you told the doctor to be used as evidence that you're not just making up your pain. This rule exists because what you say to doctors for your health care is usually honest and important for understanding your condition.
Hypothetical
Hypo 1: Sam gets food poisoning after eating at Bob's restaurant. He visits his doctor and describes his symptoms and the meal he had. Sam then sues Bob's restaurant for serving bad food. Result: Sam's description of his symptoms and meal to his doctor can be used in court to support his claim of food poisoning from Bob's restaurant.
Hypo 2: Bob experiences severe stress and anxiety after a car accident with Sam. He tells his therapist that the accident is causing his mental health issues. Bob sues Sam for emotional distress. Result: Bob's statements to his therapist about the accident causing his stress can be used in court, showing the impact of the accident on Bob's mental health.
Hypo: Amy, a factory worker, experiences chronic coughing and difficulty breathing, which she discusses with her doctor, mentioning her exposure to asbestos at work. Sadly, Amy dies from mesothelioma, a cancer associated with asbestos. Amy's family sues the factory for wrongful death, claiming it didn't keep the workplace safe. Result: Amy's descriptions of her symptoms and asbestos exposure to her doctor are used in court, even though Amy can't testify. These statements help show the connection between her illness and her job conditions, backing up her family's case.
Hypo 2: Bob experiences severe stress and anxiety after a car accident with Sam. He tells his therapist that the accident is causing his mental health issues. Bob sues Sam for emotional distress. Result: Bob's statements to his therapist about the accident causing his stress can be used in court, showing the impact of the accident on Bob's mental health.
Hypo: Amy, a factory worker, experiences chronic coughing and difficulty breathing, which she discusses with her doctor, mentioning her exposure to asbestos at work. Sadly, Amy dies from mesothelioma, a cancer associated with asbestos. Amy's family sues the factory for wrongful death, claiming it didn't keep the workplace safe. Result: Amy's descriptions of her symptoms and asbestos exposure to her doctor are used in court, even though Amy can't testify. These statements help show the connection between her illness and her job conditions, backing up her family's case.
Visual Aids
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