How have courts considered the necessity requirement in medical malpractice cases?

In White v. Stonestreet, Ehrcke J. considered the necessity requirement and the fact that the declarant’s present memory as to his or her past mental or physical condition is unlikely to be as precise as his or her contemporaneous declarations. In the context of referring to Wigmore on this point, Ehrcke J. noted at ¶24: The salient point here is that in cases such as this, where the important issues are not only what sensations or conditions a person was experiencing, but also when they were being experienced, the requirement of necessity is satisfied not by the declarant’s total lack of recall, but rather by the fact that his or her present memory is unlikely to be as precise as his contemporaneous declarations […]