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LEGAL EXAM HYPOTHETICAL #3 EVIDENCE:
Dr. Dee has been charged with manslaughter in the death of Mary, who died as a result of complications following an illegal abortion. Dr. Dee is alleged to have performed alone in his office. Dr. Dee has admitted to investigators that Mary was a patient of his, but has maintained that he did not perform the abortion. The prosecution in its case seeks to introduce the following:
A copy of Mary's patient file from Hospital, where Mary was taken when she lapsed into unconsciousness during the abortion, dated that day, and entered in the file by the head nurse as follows: "Emergency room nurse Bob reports that patient Mary was unconscious when admitted to emergency but regained consciousness for a few moments. Before relapsing into an irreversible coma, the patient stated to nurse Bob, "I'm in such pain. Dr. Dee is a butcher. He did this to me and now I'm going to die. If I had known I would die, I would never have let him do the abortion."
Discuss all appropriate objections that could be made and how the court should rule.
(Issues)