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Multiple Hearsay Report

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Hearsay Hearsay is a statement, other than the one made by the declarant testifying in the court, offered to prove the truth of the matter asserted. Multiple hearsay A multiple hearsay issue exists where a hearsay statement is made within another hearsay statement. In order to enter multiple hearsays into evidence, each layer of the hearsay statement must qualify for an exception. Here, multiple hearsay issues may be observed in this report: • The physician’s notes indicated in bolded statements in the parentheses within the report, • Dr. Parish at Mary Bridge Children’s Hospital who, according to the report, accepted the patient transfer • Kenny’s father’s statement about the condition of the swing made to the medical staff, and • Kenny’s …show more content…

Here, Physician’s notes fall within the FRE 803(4) as the medical diagnosis exception because these are offered to prove his medical diagnosis and treatment rendered to Kenny. The same exception applies to Dr. Parish’s acceptance of the patient. Therefore, the physician’s notes and the statement regarding Dr. Parish will be admitted. As for Kenny’s father, his statement regarding how the wooden frame was held by the bent nails will be hearsay as it is offered to prove the truth of the matter stated in it; it has little probative value to explain either medical diagnosis or treatment that Kenny received at the hospital. With an objective view, it will not be considered as the pertinent information for diagnosis or treatment of Kenny, but rather construed as the information served only to suggest the opposing party’s fault. It is hard to contend its inadmissibility. Therefore, this evidence is inadmissible. On the other hand, Kenny’s father’s statement about how Kenny fell off the swing, his loss of consciousness and the condition he observed immediately after his son’s fall (glassy eyes, vomiting, etc.) will likely be admitted because these statements tend to prove then-existing physical condition of Kenny he witnessed contemporaneously. Also, it provides the valuable information and helpful background for the physician to consider in his diagnosis and treatment of Kenny’s

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