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Sidebar - You Take the Patient as You Find Them
Statutes & Stethoscopes: Sidebar - You Take the Patient as You Find Them.
Two high fall risk residents on the same unit fall the same way on the same night. One walks away with a bruised hip. The other, ninety one and on an anticoagulant, hits her head and dies four days later. Same fall, same breach, very different harm.
In this Sidebar I explain the eggshell rule, where it comes from in Vosburg v. Putney, and how it fits with foreseeability: the type of harm has to be foreseeable, the extent does not. We cover why frailty in a nursing home shapes the standard of care, aggravation of a…
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