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7. The evidence of the doctor's offer is
A plaintiff is suing a doctor for medical malpractice occasioned by allegedly prescribing an incorrect medication, causing the plaintiff to undergo substantial hospitalization. When the doctor learned of the medication problem, she immediately offered to pay the plaintiff's hospital expenses. At trial, the plaintiff offers evidence of the doctor's offer to pay the costs of his hospitalization.
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A is incorrect. While the doctor's offer is not hearsay, FRE 409 prevents the use of offers to pay medical expenses to prove liability.
B is incorrect. As the defendant, the doctor's statement is not hearsay. Furthermore, there is no indication that the doctor is unavailable to testify, which is required for the statement against interest exception to apply.
D is incorrect. The fact pattern does not indicate that the doctor asked for anything in return for the payment of the plaintiff's medical expenses. The doctor's statement is a naked offer to pay medical expenses.