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MMLU / A patient who had suffered a severe fracture of her leg was treated by an…

Problem

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

question

A patient who had suffered a severe fracture of her leg was treated by an orthopedist, who set the patient's leg and put it in a cast. When the leg continued to bother the patient six months later, she consulted a second orthopedist in the same town. The second orthopedist surgically inserted a pin to facilitate healing. The patient brought a malpractice action against the first orthopedist, claiming that he should have surgically inserted a pin at the time of initial treatment. The only evidence that the patient offered in support of her malpractice claim was the testimony of the second orthopedist, as follows: In response to the question "Would you have inserted a pin initially?" the second orthopedist testified, "I personally would not have been satisfied that the leg would heal properly without a pin." At the close of the patient's evidence, the first orthopedist moved for judgment as a matter of law. Should the motion be granted?

choices

  1. No, because the patient has introduced evidence that the first orthopedist failed to give the care that the second orthopedist would have provided.
  2. No, because the second orthopedist practices in the same town and field of specialty as the first orthopedist.
  3. Yes, because the patient has failed to introduce evidence that the first orthopedist's care fell below the professional standard of care.
  4. Yes, because the second orthopedist also treated the patient and is thus not sufficiently objective to offer expert testimony.

subject

professional_law

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Source and history

task_id
d6a6555f-390c-578c-b94b-16f6143b8b19
task_key
all--test--d6a6555f-390c-578c-b94b-16f6143b8b19
task_revision_id
1
config / split
all / test

Official source

initial import