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32. The entry reporting the doctor's diagnosis is
A plaintiff sued a defendant for injuries sustained in an automobile collision. During the plaintiff's hospital stay, a staff physician examined the plaintiff's X-rays and said to the plaintiff, «You have a fracture of two vertebrae, C4 and C5.» An intern, who was accompanying the doctor on her rounds, immediately wrote the diagnosis on the plaintiff's hospital record. At trial, the hospital records custodian testifies that the plaintiff's hospital record was made and kept in the ordinary course of the hospital's business.
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A is incorrect. The doctor does not need to be an expert before his statement is admissible. As long as the doctor is considered a person with a business duty to accurately report, the statement is admissible.
B is incorrect. The data relied on by the doctor does not need to be introduced into evidence. If they are of a type reasonably relied upon by experts in the particular field in forming opinions, the facts or data themselves need not be admissible in evidence in order for the opinion or inference to be admitted.
C is incorrect. The doctor cannot make an admissible statement of then-existing physical condition about another person. The doctor's recounting of his diagnosis of the patient is not a statement of the doctor's then existing state of mind, emotion, sensation, or physical condition.