Also known as: diagnoses · diagnosed · diagnosing · diagnostic · medical diagnosis
Written by attorneys · grounded in primary & secondary sources — see below
A determination of a medical or mental condition reached through examination of symptoms or other evidence. The determination supplies the factual predicate for evidentiary rules admitting statements made to obtain treatment and for privileges protecting communications during diagnosis.
Dorothy Daniels brought her son to the emergency room after he described ongoing pain. The child told the doctor that his stepfather had caused the injuries. Because the statement was made for medical diagnosis or treatment, the court admitted it under the hearsay exception.
Diego Duarte, a police officer, met with a licensed social worker following a fatal shooting. During sessions the officer described his emotional state and the events. The communications occurred in the course of diagnosis and treatment, so the psychotherapist-client privilege barred their disclosure.
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Delilah Duran was treated at the hospital after a fall. The treating physician recorded a diagnosis of concussion and noted the date and time. The record was kept in the regular course of hospital business, allowing its admission as a business record containing a diagnosis.
Doris Duffy applied for disability benefits after her physician diagnosed a degenerative spinal condition. The agency terminated benefits based on written medical reports. The court evaluated whether the process satisfied due process requirements for an evidentiary hearing.
Dustin Donovan told his therapist during diagnosis sessions that he intended to harm a specific person. The therapist concluded the patient posed a serious risk. The diagnosis triggered the therapist's duty to take reasonable steps to protect the foreseeable victim.
Dolores Diaz was charged with sexual assault. An expert compared a DNA profile generated by an outside laboratory to a profile from the defendant's blood. The expert's testimony relied on the laboratory's diagnostic analysis of the sample without the analyst appearing in court.
A statement is admissible if it is made for and is reasonably pertinent to medical diagnosis or treatment. The statement may describe medical history, past or present symptoms, their inception, or their general cause. Identity of an abuser can qualify when pertinent to psychological treatment or safety planning.
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Yes. Confidential communications between a patient and a psychotherapist or licensed social worker made in the course of diagnosis or treatment are privileged. The privilege is recognized under federal common law and functions similarly to the attorney-client privilege.
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Yes. A record of a diagnosis is admissible if made at or near the time by someone with knowledge, kept in the course of a regularly conducted business activity, and made as a regular practice of that activity. The record may be read into evidence even if the declarant is unavailable.
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A diagnosis alone does not establish legal incapacity. Courts require evidence that the party lacked the ability to understand the nature and consequences of the transaction at the time it occurred. Expert testimony diagnosing a condition that impairs rational decision-making is typically necessary.
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…20th century, moreover, homosexuality was treated as an illness. When the American Psychiatric Association published the first Diagnostic and Statistical Manual of Mental Disorders in 1952, homosexuality was classified as a mental disorder, a position adhered to until 1973. See Position Statement on Homosexuality and Civil…