Haralampopoulos ex rel. Haralampopoulos v. Kelly

Judge WEBB

dissenting.

In reversing the trial court's discretionary decision, the majority mischaracterizes the hearsay at issue as a statement of blame and applies an overly narrow approach to the diagnostic process. Therefore, I respectfully dissent.

I. Hearsay Evidence of Plaintiff's Recent Cocaine Use

A. Facts Relevant to Dissent

When Ms. Hurd allegedly made the hearsay statements concerning plaintiffs recent cocaine use to Dr. Kelly, plaintiff was suffering from severe and irreversible brain injury. His health care providers then understood that toxic material released from the cyst during…