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This was a fiendishly hard question. The correct answer was “C” — the statement is protected by attorney-client privilege as the referring physician was engaged by the lawyer for purposes of the lawsuit.

“D” isn’t as good an answer because the statement is likely not relevant to the diagnosis.

“A” and “B” are wrong because the statement is privileged, and additionally, “B” is nonsense.

Thomas is now 32-for-54 (59.25%), having slipped below 60% for the first time in more than a month.

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