Evidence question

A civil suit is filed against a retirement home nurse over administration of a prescribed medication that injured a resident. The nurse claims that the doctor negligently prescribed the medication and that he administered it as directed. Prior to the trial, the prescribing doctor retired and relocated; defense counsel has been unable to find her. At the trial, the nurse’s attorney calls a
witness who will testify that the doctor said, “I really screwed that up” when she was notified about the resident’s reaction to the drug. The plaintiff objects to the witness testifying as to the doctor’s statement.

Should the court allow the witness to testify as to what the doctor said?

• Yes, because the doctor’s statement is a party admission and is not hearsay.

• Yes, because the doctor’s statement was contrary to her interests, and she is unavailable to testify.

• No, because the doctor is unavailable to testify and confirm that she made the statement or explain it.

• No, because the statement did not involve potential liability contrary to the doctor’s interest when she made it, and she is not being sued.