| B.
Inadmissible hearsay; psychiatrist’s reports
aren’t medical reports.
Incorrect.
The evidence is admissible under the medical reports
exception if the proper foundation can be laid.
The analysis is the same as when determining
of the admissibility of a medical report. Although a medical
report can be admitted as an exception to the hearsay rule,
the party seeking to introduce the report must first lay
a foundation that any out-of-court statements it contains
were reasonably pertinent to medical diagnosis or treatment.
If the psychiatrist lays the foundation that the identity
of the perpetrator was reasonably pertinent for her medical
diagnosis or treatment, the statement is admissible as an
exception to the hearsay rule under Rule 11-803(D) NMRA
1999. See In re Esperanza M., 124 N.M. 735,
955 P.2d 204 (Ct. App. 1998).
Get more information
on the Medical Records Exception
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