A medical malpractice trial includes testimony from a nurse who was present during the plaintiff's emergency surgery. During the trial, the nurse testifies that the hospital's chief surgeon stated, while prepping the plaintiff for surgery, 'It looks like the previous doctor made a mistake.' The hospital objects to the testimony, claiming it is inadmissible. Is the nurse’s testimony about the surgeon's statement hearsay?
No, because the statement was made by a surgeon in a professional setting, which makes it reliable and admissible.
Yes, because the surgeon’s statement is an out-of-court statement being offered to prove the truth of its content.
No, because it was made during the course of a medical procedure, which is an exception to the hearsay rule.
Yes, because the nurse was not the person who originally made the statement.
The correct answer is that the nurse's testimony about the surgeon's statement constitutes hearsay because it is an out-of-court statement being offered to prove the truth of the matter asserted — that the previous doctor made a mistake. Hearsay is generally inadmissible unless an exception applies. In this case, no exception to the hearsay rule is apparent from the facts provided. Incorrect answers might arise from a misunderstanding of what qualifies as hearsay or from misapplying hearsay exceptions. For example, statements made during surgery or by experts do not automatically fall outside hearsay if they are offered to prove the truth of the matter asserted.
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