A plaintiff sues a ladder manufacturer for neck and back injuries after a rung fails. The plaintiff’s orthopedist testifies that, when asked about the cause, the plaintiff said: “I was standing near the top of a 15-foot ladder when I abruptly fell, landing hard on my back, after which the ladder toppled onto my neck.” Should this statement be admitted?

• A. Yes, because it was made for purposes of medical diagnosis or treatment under FRE 803(4).
• B. No, because it is hearsay without an exception.
• C. Yes, but only if the orthopedist can attest to its reliability.
• D. No, because it is a prior bad act.

Answer: (A)

The statement falls under a hearsay exception for medical purposes. Under FRE 803(4), statements made for the purposes of medical diagnosis or treatment and describing the patient’s history or symptoms are admissible, provided they are reasonably pertinent to diagnosis or treatment. Here, the plaintiff told the orthopedist how the injury occurred—standing near the top of a ladder, fell, landed on the back, ladder toppled onto the neck. This is exactly the kind of medical history that doctors rely on to diagnose and treat neck and back injuries. The statement is offered to aid treatment, so it is admissible without a separate reliability showing. It isn’t a prior bad act, and its admissibility isn’t defeated by any other rule.