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admissibility of social workers notes with victim from hospital? Login/Join 
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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?
 
Posts: 9 | Location: houston, texas | Registered: January 31, 2006Reply With QuoteReport This Post
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No. Classic hearsay. Not taken by medical personnel for medical purpose.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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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.
 
Posts: 286 | Registered: February 13, 2006Reply With QuoteReport This Post
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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.
 
Posts: 137 | Location: Corsicana, TX | Registered: May 10, 2003Reply With QuoteReport This Post
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