| B. Yes.
Medical records are admissible as exceptions to the hearsay
rule.
Incorrect.
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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