Also known as:medical diagnoses or treatments · diagnosis · treatment
Written by attorneys · grounded in primary & secondary sources — see below
Statements made for and reasonably pertinent to medical diagnosis or treatment. Such statements may describe medical history, past or present symptoms or sensations, their inception, or their general cause.
Sources & Authorities
How it applies
Common Examples
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Patient Describes Injury Cause
Mina Mehta tells her physician that her back pain began after lifting heavy boxes at work. The physician records the statement while treating the injury. At trial the statement is offered to prove the cause of the pain.
Counseling Session After Shooting
Miguel Mendoza, a police officer, meets with a licensed social worker following a fatal shooting. During the session he describes the events and his emotional state. The government later seeks the notes in a civil suit.
Death During Felony Treatment
Madison Meyers suffers a foreseeable heart attack while fleeing after committing arson. Paramedics provide emergency treatment at the scene. Prosecutors charge the resulting death as involuntary manslaughter.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Beneficial Ownership Election
Meredith Maxwell registers shares through a nominee and files a beneficial ownership certificate with the corporation. The board has adopted a procedure allowing such holders to receive direct treatment for corporate actions including medical plan distributions.
Commitment After Acquittal
Mohan Malhotra is acquitted by reason of mental disease. The court orders commitment to the Commissioner of Mental Hygiene for placement in an institution providing custody, care, and treatment.
Spouse Seeks Treatment Costs
Maurice Marshall is injured by a negligent driver. His spouse incurs reasonable medical expenses for his care and loses his services. She joins a claim for those losses with his personal injury action.
Common questions
Frequently Asked
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What must a statement describe to qualify under the medical diagnosis or treatment hearsay exception?+
The statement must describe medical history, past or present symptoms or sensations, their inception, or their general cause. It must also have been made for and be reasonably pertinent to diagnosis or treatment.
Does the psychotherapist-patient privilege protect statements made during counseling after a traumatic event?+
Yes. Confidential communications between a patient and a licensed social worker or psychotherapist made in the course of diagnosis or treatment are privileged under federal common law.
When does a killing during a felony become involuntary manslaughter rather than felony murder?+
When the underlying felony does not qualify for felony-murder treatment and the death is a foreseeable consequence of the felony, the killing constitutes at least involuntary manslaughter.
410 U.S. 113 (1973)Constitutional Law
…the health of the pregnant woman, whether she be a resident of the State or a nonresident who seeks medical consultation and treatment there, and that it has still another important and legitimate interest in protecting the potentiality of human life. These interests are separate and distinct. Each grows in substantiality…