Question
Dorothy sues Dr. Oz for injuries allegedly caused by Oz's negligence in the course of foot surgery. Your firm represents Dr. Oz. You receive a
Dorothy sues Dr. Oz for injuries allegedly caused by Oz's negligence in the course of foot surgery. Your firm represents Dr. Oz. You receive a set of interrogatories for Oz to answer. Interrogatory #10 asks: "State whether, prior to commencing the surgical incision on the operation in suit, you examined the x-rays of the plaintiff's foot in her medical records." In preparing answers to the interrogatories, you sit down with Dr. Oz and ask him whether he examined the x-rays prior to the surgery. He replies, "Well, between you and me, I had only glanced at them two days before the surgery. It was a hectic morning, a house had fallen on a patient, we had an emergency surgery right before Dorothy's, and I just didn't have time to look again." Can Oz answer "yes" to interrogatory #10? Explain.
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