A nurse’s note documenting a patient’s symptoms is offered for treatment purposes. Is it admissible under FRE 803(4)?

A nurse’s note documenting a patient’s symptoms is offered for treatment purposes. Is it admissible under FRE 803(4)?

• A. Yes; medical diagnoses or treatment-related statements are admissible if relevant to treatment.
• B. No; medical records are not admissible.
• C. Yes; but only if the nurse is a physician.
• D. Yes; but only if the patient signs a consent form.

Answer: (A)

Under FRE 803(4), statements made for the purposes of medical diagnosis or treatment and describing medical history, symptoms, or the inception of the medical condition are admissible, even if they’re hearsay. A nurse’s note that records a patient’s symptoms is created to aid in treatment and describes those symptoms, so it fits this exception. The person recording the information (nurse) doesn’t have to be a physician, and there’s no requirement for the patient to sign a consent form. So the nurse’s note is admissible for treatment purposes.

Under FRE 803(4), statements made for the purposes of medical diagnosis or treatment and describing medical history, symptoms, or the inception of the medical condition are admissible, even if they’re hearsay. A nurse’s note that records a patient’s symptoms is created to aid in treatment and describes those symptoms, so it fits this exception. The person recording the information (nurse) doesn’t have to be a physician, and there’s no requirement for the patient to sign a consent form. So the nurse’s note is admissible for treatment purposes.