December 23, 2009, 10:56
joepaternoadmissibility of social workers notes with victim from hospital?
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?
December 23, 2009, 11:07
JBNo. Classic hearsay. Not taken by medical personnel for medical purpose.
December 23, 2009, 14:42
rkI'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.
December 23, 2009, 14:58
JohnWI'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.