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Sidebar - It Happened, But the Jury Can't Hear It
Statutes & Stethoscopes: Sidebar - It Happened, But the Jury Can't Hear It.
A resident falls on a wet floor and fractures her hip. Two weeks later the facility puts down non-slip mats. The family's attorney calls it an admission, and then learns the jury will likely never hear about those mats. In this Sidebar I walk through the evidence that can be true, relevant, and still stay out of the courtroom: subsequent remedial measures, peer review and quality improvement material, incident reports, settlement offers, apology statutes, and insurance.
We also clear up the difference between…
The skinny
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