| A. No.
The medical record is Allen's out-of-court statement to the
doctor and is inadmissible hearsay.
Correct.
Medical reports are hearsay when they are
offered in place of live testimony by the medical practitioner
for the truth of the matter stated in the reports. Rule
11-803(D) NMRA 1999 recognizes the medical diagnosis
or treatment exception to the hearsay rule. Under Rule
11-803(D) NMRA 1999, statements for purposes of medical
diagnosis or treatment are not excluded by the hearsay rule
even though the declarant is available as a witness, but
that exception does not apply to the circumstances of this
example.
It is doubtful that the medical provider
would testify that the statement that "Bob ran a red
light" was reasonably pertinent to her medical diagnosis
or treatment. As a consequence, without such foundation,
the medical report would not be admissible.
Get more information
on the Medical Records Exception
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