The exception admits statements describing medical history, symptoms, and their general cause where made for and reasonably pertinent to diagnosis or treatment. The rationale is the declarant's motive to be truthful.
Statements of fault are generally outside the exception.
Alternative Names:
Medical Diagnosis Exception|Rule 803(4)
Why it Matters?
Fault attribution is the boundary, since a statement that the patient was struck by a car is pertinent to treatment while a statement that the driver ran a red light generally is not. Records containing both require redaction or a limiting instruction. Statements to physicians retained solely for litigation historically fell outside the exception, though the federal rule now extends to them, which is a difference from several state rules.
Frequently Confused with
Related terms
Frequently asked questions
Are statements of fault covered?
Does the exception cover litigation physicians?
