The recent Court of Appeals decision in IN RE. M.F. (No. 08-FS-733, Sept. 27, 2012), highlights how the litigation errors made at the trial level can tip the balance on the appeal. At issue, in part, was statements admitted by MF Fentress into record as admissible under the hearsay exception: statement made during medical diagnosis.  The evidence of abuse and neglect at trial was primarily elicited through the testimonies of a therapist, a treating medical professional and the social worker.  The bulk of testimony and evidence was the child’s account of events to these individual who all testified.  The litigants
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