Evidence-Wellborn SU2006 Outline

Recorded recollection fre 8035 fre 8035 hearsay

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Unformatted text preview: e this is only sometimes)..... Wellborn doesn't see this patient motivation as being the most important premise in his book for FRE 803(4). The thing that is key to Wellborn is you have cross-examination by the doctor or the nurse who are taking this history, they ask questions if it is done right....and a lot of that is to eliminate the risk of misinterpretation. (My back hurts....where does it hurt? Here. Oh.) So the cross questioning does a lot in terms of clarification and even can unearth fabrication. Motivation of medical professional is just as important if not more important than that of an attorney! Wellborn is more concerned with not whether the patient thinks it is pertinent to treatment, but rather whether the medical professional thinks it was pertinent to treatment because then you will have this elaborate cross-examination. This fact that she was being scared to death by her son-in-law, not only is that pertinent in diagnosis and treatment, that is once of the premises of the diagnosis and treatment that he did. The diagnosis was depression, and it was SITUATIONAL...she is going to need medication that...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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