Hearsay In Criminal Cases

Summary

Hearsay refers to out-of-court statements presented to prove the truth of the matter asserted and is generally inadmissible in court. However, exceptions exist, such as the medical diagnosis or treatment exception. In California, if a doctors statement about a concussion was made for diagnosis or treatment purposes, it may be admissible as evidence and not considered hearsay.

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what is hearsay in a criminal case court
Hearsay, in a legal context, refers to:
- Statements made outside the court by a person who is not testifying at the trial.
- These statements are presented as evidence to prove the truth of what was stated.
Please note that hearsay is usually inadmissible as evidence, but there are exceptions.
so if a doctor said i had a concussion and i iterate that to the court since it wasnt written in the clinical notes is this considered hearsay?
In California, if a statement about your concussion was made by a doctor outside of court and is presented to prove the truth of the matter, it may be considered hearsay. However, there are exceptions, such as medical diagnosis or treatment.
what is the medical diagnosis or treatment exception
The medical diagnosis or treatment exception to hearsay rule in California allows for out-of-court statements to be admitted if:
- They were made for the purpose of medical diagnosis or treatment.
- They describe medical history, symptoms, or the onset of symptoms.
- They are reasonably pertinent to diagnosis or treatment.
So you're saying that it cannot be admitted for evidence or to help my case however it has to be a medical diagnosis or some kind of thing from the doctor but are you saying that this exception would make this statement acceptable and this statement would also then be considered fair say or because this is a medical exception it would not be considered hearsay but it would still be able to be admitted as evidence
If your doctor's statement was made for the purpose of diagnosis or treatment and is pertinent to your case, it may be admissible as evidence under the "medical diagnosis or treatment exception" to the hearsay rule in California. It wouldn't be considered hearsay in this instance.