CACI No. 218. Statements Made to Physician (Previously Existing Condition)

Judicial Council of California Civil Jury Instructions (2023 edition)

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218.Statements Made to Physician (Previously Existing
Condition)
[Insert name of health-care provider] has testified that [insert name of
patient] made statements to [him/her/nonbinary pronoun] about [name of
patient]’s medical history. These statements helped [name of health-care
provider] diagnose the patient’s condition. You can use these statements
to help you examine the basis of [name of health-care provider]’s opinion.
You cannot use them for any other purpose.
[However, a statement by [name of patient] to [name of health-care
provider] about [his/her/nonbinary pronoun] current medical condition
may be considered as evidence of that medical condition.]
New September 2003; Revised June 2006, May 2020
Directions for Use
This instruction does not apply to, and should not be used for, a statement of the
patient’s then-existing physical sensation, mental feeling, pain, or bodily health.
Such statements are admissible as an exception to the hearsay rule under Evidence
Code section 1250. This instruction also does not apply to statements of a patient
regarding a prior mental or physical state if the patient is unavailable as a witness.
(Evid. Code, § 1251.)
This instruction also does not apply to, and should not be used for, statements of a
party that are offered into evidence by an opposing party. Such statements are
admissible as an exception to the hearsay rule under Evidence Code section 1220.
See CACI No. 212, Statements of a Party Opponent.
Sources and Authority
• Statements of Party. Evidence Code section 1220.
• Statements pointing to the cause of a physical condition may be admissible if
they are made by a patient to a physician. The statement must be required for
proper diagnosis and treatment and is admissible only to show the basis of the
physician’s medical opinion. (People v. Wilson (1944) 25 Cal.2d 341, 348 [153
P.2d 720]; Johnson v. Aetna Life Insurance Co. (1963) 221 Cal.App.2d 247, 252
[34 Cal.Rptr. 484]; Willoughby v. Zylstra (1935) 5 Cal.App.2d 297, 300-301 [42
P.2d 685].)
Secondary Sources
1 Witkin, California Evidence (5th ed. 2012) Hearsay, § 197
2 California Trial Guide, Unit 40, Hearsay, § 40.42 (Matthew Bender)
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