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MMLU / A surgeon performed an appendectomy on a patient in an operating room at the…

Problem

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

question

A surgeon performed an appendectomy on a patient in an operating room at the local hospital. The surgeon was assisted by a nurse who was assigned to the operation by the hospital. During the patient's early convalescence, he complained of pain not explicable as an ordinary post-operative symptom. On investigation, it turned out that the surgeon, who had bandaged him following the operation, had done so in such a manner as to constrict certain blood vessels. The faulty bandaging had caused acute pain and retarded the patient's recovery. After the patient's eventual recovery, he sued the surgeon for malpractice, claiming $25,000 in damages. In his case-in-chief, the patient called the nurse to testifS' that shortly after the surgery, she saw the surgeon destroy the postoperative x-rays of the patient's abdomen. Upon objection by the surgeon's attorney, the trial judge should rule the nurse's testimony

choices

  1. admissible, provided that the judge determines that the surgeon destroyed the x-rays as a cover-up.
  2. admissible, but leave the weight of the nurse's testimony to be determined by the jury.
  3. inadmissible, because the probative value is substantially outweighed by the danger of unfair prejudice.
  4. inadmissible, because it is extrinsic evidence of a collateral matter.

subject

professional_law

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Source and history

task_id
55d3ee9f-f233-5c74-be82-0f48a0146bf7
task_key
all--test--55d3ee9f-f233-5c74-be82-0f48a0146bf7
task_revision_id
1
config / split
all / test

Official source

initial import