pleaese check my answer thanks :)
Mary a medical assistant testifies in the malpractice case the th defendant, Dr Bob admitted he comited malpractice on Miss Sue This testimony likely would be excluded on what gounds.
1. Hearsay
2. Physican -patient privilege
3. Irrelevance
I picked #1
I would agree with that.
To determine whether your answer is correct or not, let's analyze each option and consider the grounds on which Mary's testimony might be excluded.
1. Hearsay: Hearsay refers to an out-of-court statement offered to prove the truth of the matter asserted. In this case, if Mary's testimony includes statements made by someone other than Dr. Bob, such as Miss Sue, it could be considered hearsay. However, the given statement does not mention any specific out-of-court statements, so hearsay may not be the appropriate grounds for exclusion in this scenario.
2. Physician-patient privilege: Physician-patient privilege generally protects the confidentiality of communications between a patient and their healthcare providers. However, in this case, it is Mary, the medical assistant, who is testifying about Dr. Bob's admission of malpractice. As Mary is not the patient or the physician, the physician-patient privilege may not apply in this situation.
3. Irrelevance: Evidence can be excluded if it is deemed irrelevant to the case or does not have any bearing on the issues being considered. Mary's testimony about Dr. Bob's admission of malpractice is directly relevant to the malpractice case involving Miss Sue. Therefore, it is unlikely that her testimony would be excluded on the grounds of irrelevance.
Based on the provided information, option 1 (Hearsay) does not seem to be the most suitable grounds for excluding Mary's testimony. Instead, option 2 (Physician-patient privilege) appears to be the least applicable here. Therefore, option 2 would be a more appropriate choice.