ND Bar Practice Questions - North Dakota Bar Examination Exam

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A patient sues her doctor for malpractice. The doctor seeks to introduce statements the patient made to a treating physician about the cause and history of her symptoms. Under FRE 803(4), statements made for medical diagnosis or treatment are:

Inadmissible hearsay in all circumstances Admissible only against the patient Admissible only if the physician is unavailable Admissible as an exception when made for, and reasonably pertinent to, medical diagnosis or treatment

Correct Answer:

Admissible as an exception when made for, and reasonably pertinent to, medical diagnosis or treatment

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