Exceptions to Hearsay Rule in a Medical Malpractice Claim- Alabama Law – The Kelly v. Haralampopoulos

Medical malpractice cases have some strict guidelines about evidence in the State of Alabama. There are some things juries just aren’t allowed to see.

With few exceptions, hearsay is strictly prohibited in Alabama courts.

There’s one big exception to this rule, however. Cases like Kelly v. Haralampopoulos where statements made about a diagnosis are permitted as evidence are known to Birmingham area medical malpractice attorneys.

In that particular case, a man was sent to the ER for abdominal pain. Circumstances around his condition caused him to fall into a vegetative state.

The controversy regarding hearsay in this case revolved around a doctor discussing the patient’s possible cocaine use with a family member after he was diagnosed as vegetative.

The argument was that this statement was not in fact a diagnosis because there is no treatment for a patient already in a vegetative state.

The case eventually went to the Colorado Supreme Court, which sided with the trial court. You can read more about the case here: https://caselaw.findlaw.com/co-supreme-court/1670128.html

 

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