Abstract

http://ssrn.com/abstract=1141314
 
 

Footnotes (146)



 


 



Should Statements Made by Patients During Psychotherapy Fall within the Medical Treatment Hearsay Exception? An Interdisciplinary Critique


Philip K. Hamilton


New England Law | Boston


John Marshall Law Review, Vol. 41, No. 1, 2007

Abstract:     
This article challenges the prevailing view of courts that statements made to a mental health clinician are the functional equivalent of statements made for the purpose of any other kind of treatment and should therefore be admitted under the hearsay exception for statements made for the purposes of medical diagnosis or treatment. The article takes the position that, because of the nature of psychotherapy, patient statements to therapists are not sufficiently reliable to be included in the hearsay exception.

This use of the "medical treatment exception," which began with statements of child victims in abuse cases, has been extended to adult statements in many kinds of cases. The article examines statements by adults in psychotherapy and uses an interdisciplinary, mental-health-based analysis of the reliability of patient statements in that context. It demonstrates that statements made by those undergoing psychotherapy are fundamentally different from statements made by patients seeking other kinds of medical treatment and simply do not carry the assurances of factual accuracy that are normally required as a precondition to admitting hearsay statements.

Number of Pages in PDF File: 37

Keywords: evidence, hearsay, Fed. R. Evid. 803(4)

JEL Classification: K19, K41

working papers series





Download This Paper

Date posted: June 10, 2008  

Suggested Citation

Hamilton, Philip K., Should Statements Made by Patients During Psychotherapy Fall within the Medical Treatment Hearsay Exception? An Interdisciplinary Critique. John Marshall Law Review, Vol. 41, No. 1, 2007. Available at SSRN: http://ssrn.com/abstract=1141314 or http://dx.doi.org/10.2139/ssrn.1141314

Contact Information

Philip K. Hamilton (Contact Author)
New England Law | Boston ( email )
154 Stuart St.
Boston, MA 02116
United States

Feedback to SSRN


Paper statistics
Abstract Views: 939
Downloads: 43
Footnotes:  146

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.469 seconds