Statements for Purpose of Medical Diagnosis or Treatment

Example

During a murder trial, a witness is called to testify about what they saw during the murder. The defense counsel asks to admit into evidence a document from a physician diagnosing the witness with partial blindness. The prosecution objects, saying that the document is hearsay. The judge overrules the objection and admits the document into evidence, as it is a medical diagnosis from a physician.

Case Examples

• In United States v. Hollis, 54 M.J. 809, 811 (N-M. Ct. Crim. App. 2000), aff'd, 57 M.J. 74 (C.A.A.F. 2002), a military tribunal prosecuted Hollis, a soldier, for the sexual assault of a child. The prosecution sought to introduce statements the child made to her treating physicians regarding sexual assault as evidence. Id.. Hollis objected, claiming that the statements were hearsay. Id.. The tribunal disagreed, finding that the statements fell within the hearsay exception. This military tribunal applied the medical diagnosis exception just as a civilian court would have. The court pointed out that “the rationale for the medical treatment exception is that a patient undergoing diagnosis or receiving treatment from a trained medical professional has an incentive to be truthful”. Id. (Internal citations omitted). The tribunal further clarified that there is a two-pronged test for determining whether statements made by a medical professional qualify under the hearsay exception. Id.. As the tribunal stated, “first the statements must be made for the purposes of medical diagnosis or treatment; and second, the patient must make the statement with some expectation of receiving medical benefit for the medical diagnosis or treatment that is being sought”. Id. (internal citations omitted).