Supreme Court of Colorado

Jason L. Kelly, M.d. and Mauricio L. Waintrub, M.d. v. Vasilios Haralampopoulos, by His Guardian John Haralampopoulos

June 16, 20142014 Colo. LEXIS 439

Summary

The court held that statements about a patient's prior cocaine use were admissible under the medical-diagnosis hearsay exception even though treatment was no longer possible, because diagnosis may concern determining the cause of an existing medical condition. It also held that admitting the statements did not violate the balancing rule governing unfair prejudice and that related lay and expert testimony was properly admitted on the record presented. Chief Justice Rice, joined by Justices Hobbs and Coats, concurred only in the judgment and would require both objective and subjective pertinence to diagnosis.