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Sidebar - No Damages, No Case

Statutes & Stethoscopes: Sidebar - No Damages, No Case.

A blood pressure medication charted two and a half hours late, with no documented reason. The family calls an attorney. It may even be a breach of the standard of care, but in most courtrooms it is not a case, because nothing happened to the patient as a result.

In this Sidebar I walk through all four elements of a negligence claim, with extra time on the two that new experts underestimate: causation and damages. We cover but-for causation and the substantial factor test, a nursing home pressure injury where the resident's own illness…

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