Legal Aspects of Health Care Administration
- Author: George D. Pozgar, Publisher: Jones & Bartlett Publishers, Edition: 14
Read the case on page 110. Submit answers to the following questions.
- Was the evidence the patient gave admissible in the defendant’s prosecution?
- Do you agree with the court’s findings? Why?
Expert Solution Preview
Introduction:
In the case presented on page 110 of “Legal Aspects of Health Care Administration” by George D. Pozgar, the question of admissible evidence in a prosecution is raised. As a medical professor, I will provide answers to the following questions: Was the evidence the patient gave admissible in the defendant’s prosecution? Do you agree with the court’s findings?
1. Was the evidence the patient gave admissible in the defendant’s prosecution?
The evidence the patient gave was admissible in the defendant’s prosecution. The court found that the patient’s statement to the nurse regarding the defendant’s actions was not hearsay because the statement was not made out of court, but rather during a treatment session. Furthermore, the statement was made for medical diagnosis or treatment, and not for the purpose of prosecution.
2. Do you agree with the court’s findings? Why?
As a medical professor, I agree with the court’s findings. The patient’s statement was given during a treatment session and was relevant to their medical condition. Therefore, the statement was made for the purpose of medical diagnosis or treatment and was not hearsay. The court’s decision to find the evidence admissible is supported by the fact that the statement was not made with the intent to be used in a prosecution. Overall, the court’s decision was valid and in accordance with the law.