What exactly does adoptive admission mean in layman’s terms? Is this a positive indication for the plaintiff in medical mal litigation? 5 Answers as of January 24, 2013

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Law Offices of Mark West
Law Offices of Mark West | Mark West
Basically when someone tries to get a statement that someone else made outside of court to prove something, that is hearsay and is not admissible to prove what was said One exception is if someone admits something; that can be introduced. An adoptive admission basically means that someone makes a statement about someone else and that someone else either by word or conduct (sometimes even silence) expressed or implied that the statement was true. the jury instruction in california is CACI 213. The jury can then weigh that statement against the person (the someone else). If the jury does not believe that the someone else expressed or implied the statement was true they are not to consider the statement at all.
Answer Applies to: California
Replied: 1/24/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Don't know your term. An admission is a legal term of testimony that can be admitted to show fault or responsibility.
Answer Applies to: North Carolina
Replied: 1/24/2013
Mike Lewis Attorneys | Mike Lewis
According to USLegal.com, Adoptive admission means an act or declaration by a party indicating the approval of statement made by the other. Adoptive admission infers the acceptance of the truth of the act or declaration made by the other party. In order to constitute an adoptive admission the following conditions must be satisfied: (1)that statement was made to the defendant or made in his/ her presence; (2)that the defendant heard and understood the statement; (3)that the he defendant would, under all the circumstances, naturally have denied the statement if he/she thought it was not true; and (4)that the defendant could have denied it but did not. What this evidence rule creates is an opportunity to present hearsay testimony that would otherwise be inadmissible; it could certainly include a situation where a medical provider is confronted with an allegation of failing to meet appropriate medical standards and does not deny the accusation. Such an admission would likely be a positive factor for a plaintiff in a medical negligence claim.
Answer Applies to: North Carolina
Replied: 1/24/2013
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
An adoptive admission is when someone says something adverse to the other party and the other party does not respond. It could be used in a med-mal situation, as in any other. Looking at an MRI film, one doctor says; "Anybody looking at this film ought to have seen that abnormality" and the other doctor, standing next to him, had looked at that film and had not noticed the abnormality, says nothing. The second doctor has admitted that he should have seen it, by his silence having adopted the adverse statement of the first doctor.
Answer Applies to: New York
Replied: 1/24/2013
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