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Statements Made for Medical Treatment Admissible

Statements made for medical treatment and/or diagnosis, even though made out of court, are an exception to Tennessee's exclusionary hearsay rule and are generally admissible if relevant and not excluded for some other evidentiary reason. This of course does not mean that the fact finder in a criminal trial is required to believe the veracity of the statements. It just means the statements can be considered for whatever weight the trier of fact elects to attribute to them. In the recent case of State v. Howard, E2014-01510-CCA-R3-CD (Tenn.Crim.App. 8-4-2015), the Tennessee Court of Criminal Appeals rejected a challenge to the admissibility of statements contained in a medical record in which a child described acts of sexual abuse inflicted upon her.

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