Question
A patient has surgery to have a cyst removed from her ovary. A few days after the surgery she starts to experience pain and doctors
A patient has surgery to have a cyst removed from her ovary. A few days after the surgery she starts to experience pain and doctors order an MRI. The MRI shows that at least two sponges were left inside the patient. She is hospitalized and undergoes additional surgery. The patient sued the hospital and the doctor for medical malpractice. At trial, she did not produce the printouts of the MRI, but instead attempted to testify about what she observed on the MRI scan. The defense objected, claiming she needed to produce the actual MRI printouts. What is the likely ruling regarding the objection? Group of answer choices
a. She does not have to produce the MRI scan because a layperson can testify to things of common knowledge, such as what a sponge looks like.
b. She does not have to produce he MRI scan because she can testify to the content of her own medical records
c. She does have to produce the MRI scan because a layperson cannot testify to personal observations
d. She must produce the MRI records because it represents the best evidence under the best evidence rule.
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