Download This PaperThe Reliability of Statements Made For Medical Diagnosis or Treatment: A Medical-Legal Analysis of A Hearsay Exception
UIC John Marshall Law Review, Forthcoming
34 Pages Posted: 28 Jul 2021
Date Written: July 18, 2021
Abstract
Hearsay exceptions are based on underlying reliability and trustworthiness of declarants statements. Yet, there is ample medical scholarship suggesting that patients do not provide accurate information to their physicians for a variety of reasons. This paper explores the ability to test the reliability of a FRE 803(4) statement before trial and whether this hearsay exception should apply to declarants statements made only for litigation purposes.
Keywords: Evidence, Medicine, Medical Negligence, Law & Medicine
Suggested Citation: Suggested Citation
Ginsberg, Marc, The Reliability of Statements Made For Medical Diagnosis or Treatment: A Medical-Legal Analysis of A Hearsay Exception (July 18, 2021). UIC John Marshall Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3889478 or http://dx.doi.org/10.2139/ssrn.3889478
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