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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

A private hospital's anesthesia consent form, Consent No. AC-21-001, dated January 15, 2021, was kept in the hospital's anesthesia records. A flood on September 2, 2023 destroys the records and the original consent; only a certified true copy AC-21-001 remains in the hospital's records. In a civil action by the patient against the hospital for lack of informed consent, the hospital seeks to prove the consent terms by the certified copy. (a) Identify the controlling doctrine about original documents and secondary evidence that applies to this fact pattern. (b) Is the certified true copy admissible to prove the consent terms? State the conditions that must be satisfied, and the role of the destruction of the original. (c) If the copy is not admissible as offered, what other documentary evidence or steps could properly prove the consent terms under the same doctrine?

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The original must always be produced; a certified copy is admissible only when the document is a public instrument and the original cannot be located. A certified copy is admissible to prove contents even if the original still exists and is in the possession of the opposing party, because duplicates are treated as substitutes for originals in all circumstances. The public records exception applies to official government documents; a private hospital consent form would not be admissible by a certified copy, so the terms must be proven by testimony of the treating physician. The best evidence rule governs; a certified true copy of a private document may be admitted to prove its contents when the original is lost or destroyed, provided the copy is properly certified/authenticated and there is evidence of loss and absence of bad faith.

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