A paralegal is assisting an attorney with a medical malpractice case. The attorney plans to introduce the plaintiff's medical records to establish the extent of their injuries and treatment. The records were created and maintained by the hospital in the ordinary course of its business. For these records to be admissible as evidence, the paralegal knows they must meet the requirements of a specific hearsay exception. Which exception applies to these medical records?
- ABusiness Records Exception
- BPublic Records Exception
- CStatement for Medical Diagnosis or Treatment
- DRecorded Recollection
Show answer & explanationAnswer & explanation
Correct answer: A. Business Records Exception
The Business Records Exception (FRE 803(6)) allows for the admission of records of acts, events, conditions, opinions, or diagnoses if they are made at or near the time by — or from information transmitted by — someone with knowledge, kept in the course of a regularly conducted business activity, and if making the record was a regular practice of that activity, all shown by the testimony of the custodian or another qualified witness, or by certification.
Why the other options are wrong
- B. The Public Records Exception applies to records of public offices, not private hospitals.
- C. Statement for Medical Diagnosis or Treatment applies to statements made by a patient to a healthcare provider, not the records themselves.
- D. Recorded Recollection applies when a witness cannot recall details but recorded them accurately at the time.
Business Records Exception (Hearsay)
An exception to the hearsay rule allowing for the admission of records of a regularly conducted activity, made at or near the time by a person with knowledge, kept in the course of that activity.
- Record of a regularly conducted activity
- Made at or near the time
- By or from information by a person with knowledge
- Standard practice for that activity
Memory trick: Hearsay is out, but 'Business Records' are in for routine and reliable facts.