Rule statements Flashcards
Does Georgia recognize psychiatrist-patient privilege?
No, Georgia does not recognize the privilege when the psychiatrist is appointed by the court for the purpose of evaluating a person’s mental state.
What is admissible in evidence regarding a child’s statement about abuse in Georgia?
An out-of-court statement by a child younger than 16 describing an act of sexual contact or physical abuse is admissible in evidence by the testimony of the person to whom the statement was made.
Requirements: (i) notice to the adverse party prior to trial; (ii) the person to whom the statement was made must be subject to cross-examination; (iii) the child must testify at trial unless testimony is forfeited or waived.
What are the requirements for expert opinion testimony to be admissible?
Expert opinion testimony is admissible if: (i) the subject matter requires specialized knowledge; (ii) the witness is qualified as an expert; (iii) the opinion is based on: (a) facts known from personal observation; (b) facts presented in evidence at trial; or (c) facts not in evidence that are reasonably relied upon by experts in the field.
What is required to lay the proper foundation for hospital records?
Hospital records must be shown to be relevant and authenticated by proof showing that the writing is what the proponent claims it is.
What qualifies as a business record in Georgia?
A medical record qualifies as a business record if it is self-authenticating and certified by a custodian, such as a hospital employee.
Requirements: (i) made at or near the time of the described acts; (ii) made by a person with personal knowledge and a business duty to report; (iii) kept in the course of regularly conducted business activity; (iv) regular practice of the business to make the record.
When are statements made for medical diagnosis or treatment admissible?
Statements concerning the general cause or source of an injury are admissible if they are reasonably pertinent to diagnosis or treatment.
However, reliability factors must be met: (i) the declarant’s motive must promote treatment; (ii) the content must be of a type reasonably relied on by a physician.
