Evidence-Wellborn SU2006 Outline

O during her last two visits chatfield complained of

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Unformatted text preview: nosis or treatment Not limited to treating physicians. 803(4) not limited for purposes of medical treatment; it extends to statements to a nontreating physician consulted solely for purposes of expert testimony. Obviously there is a difference in reliability between a patient's statements to a treating doctor versus a patient's statement to an expert, whose sole function is to help him with reliability but that's patent...the jury can figure that out. Statements as to causes or condition. Statements as to fault do not qualify under the language of "cause or external source that is reasonably pertinent to diagnosis or treatment" Patient's statement that he was struck by an automobile qualifies but not his statement that the car was driven through a red light! (Advisory Committee Note). However, in many instances a statement "as to fault" will be pertinent to treatment and will therefore be admissible under this exception. Example Admissible. Statement by sexually abused child to doctor identifying father or stepfather as abuser. Example Admissible. Statement by sexually abuse...
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