MBE Rules · Evidence
Statement for medical diagnosis/treatment
FRE 803(4)
The rule
A statement made for and reasonably pertinent to medical diagnosis or treatment, describing medical history, past or present symptoms, their inception, or general cause. Statements identifying the cause-as-fault (e.g., the assailant) generally fall outside, except in child-abuse cases.
In plain English
Statements made to doctors for diagnosis or treatment are allowed in court, even if they're hearsay, because they're considered reliable.
Worked example
The defendant tells a doctor about a back injury from a car accident. This statement can be used in court because it helps the doctor diagnose and treat the injury.
Memory hook
Doctor's orders: symptoms, not suspects! Statements for diagnosis focus on symptoms, not blame, except in child abuse.
The trap
Students think: any statement to a doctor is admissible. Wrong, because cause-as-fault isn't included. The actual test is relevance to medical care.
How examiners test it
The MBE loves: patient tells doctor about an injury and who caused it. Trap: assuming all is admissible. Focus on symptoms, not blame—except child abuse.
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