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my facts: sister gets into fight with brother and stabs him in the chest. she flees. the brother is life flighted. upon being discharged from the hospital he meets with a social worker to address "patient/family current situation/problems." during this interview, the defendant states his sister, Jane Doe, stabbed him in the chest with some scissors. the brother has filled out an affidavit of non-prosecution and won't cooperate. the social workers notes were part of the medical records but i'm anticipating a "hearsay" objection and argument that these notes were being used for medical diagnosis. do you think they are admissible? | ||
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Member |
No. Classic hearsay. Not taken by medical personnel for medical purpose. | |||
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Member |
I'd be interested in what exactly the social worker does in this interview. What's the real purpose of the interview? Depending on what the social worker really does, there may be a colorable argument to make the statements were made for medical purposes...but on its face, I'm with JB. | |||
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Member |
I've never seen a case (never looked either) that defined the limits of 'medical' purposes. A psychiatrist is an MD but a psychologist/social worker isn't, although mental health has its medical components. Interesting question (so long as I'm not doing all the research). I wonder if this type of hearsay exception has been tested in light of the developments in the area of confrontation rights. | |||
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