Jason Kelly MD and Mauricio Waintrub MD v. Vasilios Haralampopoulos, 2014CO46 (June 16, 2014). (reblog from the Colorado Litigation Report).
A patient was left brain dead after an ER visit, where his roommate asked a doctor if past cocaine use could have been a cause.
At trial, the roommate’s statement to the doctor was admitted into evidence. On appeal, the court held that that the admission of drug-use evidence was error.
The Supreme Court of Colorado held that the evidence should have been admitted, holding that CRE 803(4), the medical treatment hearsay exception, applied. Inquiry into motive or subjective reliance was not required.