Also known as: medical diagnoses · diagnosis
Written by attorneys · grounded in primary & secondary sources — see below
A professional determination of the nature and cause of a patient's symptoms or condition.
Mason McCarthy visited his doctor complaining of persistent chest pain and shortness of breath after a workplace incident. He described the onset and location of the pain during the examination. The court admitted those statements under the hearsay exception because they were made for the purpose of medical diagnosis.
Mohan Malhotra, a police officer, met with a licensed social worker for several sessions following a shooting incident. He described his emotional state and recurring nightmares during those meetings. The communications remained protected from disclosure under the psychotherapist-client privilege because they occurred in the course of diagnosis and treatment.
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Mustafa Mahmoud received treatment at a hospital after a fall. The treating physician recorded a diagnosis of a fractured wrist along with the date and time of the examination. The record was admitted as a business record because it was made at or near the time by a person with knowledge and kept in the regular course of the hospital's activities.
Miguel Mendoza faced criminal charges and underwent a psychological evaluation. The psychologist prepared a report detailing Mendoza's mental condition at the time of the offense. The court considered the report in aid of medical diagnosis when determining whether the psychologist could testify about the defendant's mental state.
Mariam Mansour sought compensation under a class settlement for asbestos exposure. She submitted medical records showing a qualifying diagnosis of lung cancer. The settlement administrator reviewed the diagnosis to determine whether she met the defined medical requirements for payment.
Megan Moore faced involuntary commitment proceedings. The state presented expert testimony containing a diagnosis of severe mental illness that required hospitalization. The court relied on the diagnosis to assess whether clear and convincing evidence supported commitment.
Statements made by a child to medical personnel identifying the abuser may be admissible under Rule 803(4) when the identity of the abuser is reasonably pertinent to diagnosis or treatment, including psychological and safety-related interventions such as removing the abuser from the home.
Supporting sources
Federal common law recognizes a psychotherapist-client privilege that protects confidential communications between a patient and a psychotherapist or licensed social worker made in the course of diagnosis or treatment. This privilege operates in most respects like the attorney-client privilege and is widely accepted in federal and state courts.
Supporting sources
A record of a diagnosis qualifies if it was made at or near the time by or from information transmitted by someone with knowledge, kept in the course of a regularly conducted activity of a business or organization, and made in the regular course of that activity as shown by the testimony of a custodian or other qualified witness.
Supporting sources
…must know all that a patient can articulate in order to identify and to treat disease; barriers to full disclosure would impair diagnosis and treatment. The Hawkins rule stands in marked contrast to these three privileges. Its protection is not limited to confidential communications; rather it permits an accused to exclude…