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MMLU-Pro / 1709 / One day, while visiting a plastic surgery clinic for a routine Botox treatment,…

Problem

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question

One day, while visiting a plastic surgery clinic for a routine Botox treatment, a patient received an excessive dose of Botox from a new medical assistant on the staff. Her face frozen in a grotesque grimace, she demanded to speak to the doctor. The doctor said, "Listen, why don't you go over to the emergency room and send the bills to me? I'll take care of your medical expenses. " The patient subsequently sued the doctor for negligent hiring of the medical assistant and for damages. At trial, she proposes to call the doctor's administrative assistant, who was present during her conversation with the doctor. The patient wants the administrative assistant to testify to the doctor's offer to pay her medical bills. The doctor's attorney objects. The trial judge should

category

law

options

  1. sustain the objection, as the administrative assistant is not qualified to testify on medical matters.
  2. sustain the objection as an offer to pay the medical bills.
  3. sustain the objection, as the conversation between the doctor and patient should be kept confidential.
  4. overrule the objection, as the patient has a right to call any witness to support her case.
  5. overrule the objection, as the testimony could provide context to the incident.
  6. overrule the objection, as the administrative assistant's testimony could shed light on the doctor's character and integrity.
  7. overrule the objection, because an offer to pay medical bills is an inferential admission.
  8. overrule the objection, because the evidence is relevant as to the question of the doctor's negligent hiring.
  9. sustain the objection, because the patient's medical records are the best evidence of the doctor's negligence.
  10. sustain the objection, as the doctor's offer does not directly imply guilt or negligence.

src

ori_mmlu-professional_law

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