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MMLU-Pro / 1143 / While undergoing a routine plastic surgery procedure, a patient died on the…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

While undergoing a routine plastic surgery procedure, a patient died on the operating table. The patient's husband is suing the plastic surgeon alleging malpractice. Two years later, at trial, the defense called another doctor as an expert witness. The expert witness testified that the patient's death was a freak accident and that the surgeon's performance met the highest standards for medical care. On cross-examination, the plaintiff's attorney brings out the fact that, one week before trial, the expert witness and the surgeon signed an agreement to become partners in an outpatient plastic surgery clinic. The plaintiff's attorney suggests that the expert's testimony was awfully convenient and likely motivated by his desire to maintain a good relationship with the defendant. The defendant then calls another surgeon at the hospital as a witness. He is asked to tell the jury about a conversation he had with the expert inunediately following the patient's death. The witness stated that "the expert told me the patient's death was a textbook example of a freak accident and there was nothing anyone could have done to prevent it. "On objection to this testimony, defendant's attorney seeks a ruling on the admissibility of this question and answer. The trial judge should

category

law

options

  1. overrule the objection, because a witness's veracity may be rehabilitated by a prior consistent statement.
  2. sustain the objection, because the testimony is hearsay.
  3. sustain the objection, because a prior consistent statement cannot be used to rehabilitate a witness's testimony.
  4. overrule the objection, because the expert's statement is a statement against interest.
  5. overrule the objection, because the statement supports the expert witness's credibility.
  6. sustain the objection, because the statement is speculation and not based on factual evidence.
  7. sustain the objection, because the statement is prejudicial and may unfairly influence the jury.
  8. overrule the objection, because the statement was made immediately after the incident, making it a present sense impression and therefore not hearsay.
  9. sustain the objection, because the witness's statement is unrelated to the case at hand.
  10. overrule the objection, because the expert's statement is an exception to the hearsay rule as it was made in the course of his professional duty.

src

ori_mmlu-professional_law

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Source and history

upstream_id / Original problem ID
1143
task_id
885bac4c-4599-523f-8508-03af003fd226
task_key
default--test--1143
task_revision_id
1
config / split
default / test

Official source

initial import