Records Not Kept with the Patient’s Chart Very often, hospitals maintain records dealing with patient care that are not part of the patient’s chart. The ‘Narcotic Administration Record’ discussed in the recent decision of Hein v. Community Medical Center [8-9-06] is a good example. There, an issue arose as to whether one of the patient’s
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In Order to Win Case, Patient’s Family Need Not Prove That She Had Pneumonia on Day Doctor Failed to Take Chest X-ray
All That Need Be Shown Is That X-ray Should Have Been Taken Consistent with Supreme Court decision in Gardner v. Pawliw, 150 NJ 359 (1997), the Appellate Division on August 3, 2006 decided that the family of a 38-year-old woman who died from pneumonia need not prove that she actually had pneumonia on the days
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Anonymous Letter by Hospital Employee Inadmissible
Another interesting aspect of the Liguori case, cited in the blog below, was the Court’s ruling that an anonymous letter apparently authored by a hospital employee was inadmissible. The letter, sent to the family of the deceased patient, was found to be hearsay (that is a statement offered by a witness not present at trial
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Informed Consent Not Needed During Emergency
Normal Consent Rules Do Not Apply to Life-Threatening Situations In the recent decision of Liguori v. Hunter and others, decided July 24, 2006 (Docket #: A-1819-04T5), the Appellate Division ruled that, in the case of a life-threatening emergency, the normal need to obtain a patient’s “informed consent” does not apply. Here, the 71 year old
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Hospital Must Tell Patient of the Whereabouts of a Potential Nurse/Witness
Even When Nurse Leaves Hospital’s Employment Sometimes, in a malpractice case against a physician, the plaintiff’s best witness may be a nurse who was also involved in the patient’s care. When the nurses notes don’t jive with the doctors, calling the nurse as a witness to counter the doctor’s description of events is a useful
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