Bar Exam Uniform Quiz
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A plaintiff brought a medical malpractice action against a surgeon, alleging that the surgeon operated on the wrong knee. The plaintiff seeks to introduce the testimony of a nurse who was in the operating room. The nurse would testify that she heard another surgeon, who was assisting in the operation and was also an employee of the same hospital as the defendant surgeon, exclaim during the procedure, "Wait, the chart says we're supposed to be operating on the left knee, not the right!"
The defendant surgeon objects to the nurse's testimony about the assisting surgeon's statement. The hospital is not a party to the lawsuit. Is the statement admissible against the defendant surgeon? Select one.
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