An affidavit, as I've pointed out, is different from testimony, which you said it was. Affidavits are worthless in court because they haven't been subject to actual testimony in open court, subject to cross-examination.
I want to see if she has evidence to back up what she says. The affidavit, like a number I've read, seems full of hyperbole. Does she have any evidence to back her affidavit up--for example, copies of the entries she made into Terri's chart, which she said were removed? Does she know who removed them? How was the staff able to reconstruct the chart with her entries removed? Were the charts done on computer or were they paper charts. If do, did, for example, she only chart starting on a blank sheet of paper or did the sheet of paper entered into the chart contain entries from the prior shift personnel? If so, how does she think the nursing home personnel were able to delete her entries and reconstruct the chart? Did she have witnesses to Terri's reactions to her, and if so, who were they? Those are just a few of the questions I'd ask.
None of that is in her affidavit.
CARLA SAUER IYER, R.N. Michael insisted on no rehabililtation, Terri spoke on a regular basis, Carla's detailed notes regarding Terri's responsiveness were never in the file when Carla came back on duty.
CAROLYN JOHNSON, CNA Michael refused rehabilitation, going against doctor's orders, Carolyn was not even allowed to put a cloth into Terri's hand to keep her hand from closing in on itself, because Michael considered this to be rehabilitation.We all discussed the fact that we could be fired for reporting that Terri was responsive and especially for giving her treatment.
Heidi Law, CNA testified that Terri had eaten Jello-O and drunk orange juice and apple juice, Michael refused rehabilitation, Terry had obvious cognitive awareness of her surroundings and talked, she often found her extensive notes of Terri's behavior in the trash.
Did they all lie in their affadavits? Why would they do that?
I AM RESPONDING: "I am not a lawyer and I don't play one on TV. But I have been involved in SEVERAL lawsuits (I've won or least gotten a settlement on all) and from MY experience, an Affidavit ISN'T WORTHLESS because it is a SWORN statement of what they would say in court. If they say ANYTHING material in it that isn't true (and that they KNOW it to be untrue or have reason to know it), it is PERJURY! Shoot, I've even used SECRETLY RECORDED TAPE RECORDINGS in court even though people think tapes can't be brought into evidence. They can be used to IMPEACH TESTIMONY!!!"
CATSPAW ADDED: "I want to see if she has evidence to back up what she says. The affidavit, like a number I've read, seems full of hyperbole. Does she have any evidence to back her affidavit up--for example, copies of the entries she made into Terri's chart, which she said were removed? Does she know who removed them? How was the staff able to reconstruct the chart with her entries removed? Were the charts done on computer or were they paper charts. If do, did, for example, she only chart starting on a blank sheet of paper or did the sheet of paper entered into the chart contain entries from the prior shift personnel? If so, how does she think the nursing home personnel were able to delete her entries and reconstruct the chart? Did she have witnesses to Terri's reactions to her, and if so, who were they? Those are just a few of the questions I'd ask."
I AM RESPONDING: "I believe there are two Nurses who have claimed their notes were removed, that they heard "LOVING" Hitleresque-husband Michael make "When is that bitch going to die?"-type statements, and that he refused therapy and antibiotics for Terri, etc."
I AM ADDING: "Unlike "LOVING" Hitleresque-husband Michael, Atty Felos, Judge Greer, and the Schindlers, the Nurses have NOTHING to GAIN and EVERYTHING to LOSE by coming forward with their information."
I AM ADDING: "Unfortunately, for the Schindlers, they have NO OPPORTUNITY to check the Medical records to see if there are gaps on the days the Nurses claim their notes were removed---and "LOVING" Hitleresque-husband Michael surely isn't going to expose it."
I AM ADDING: "I have been involved in legal business situations in which I started "smelling a RAT" and started secretly taping conversations to help the OTHER party's "memory" when I felt sure they would deny things later---i.e. LIE---even under oath."
I AM ADDING: "I would also start DOCUMENTING IN WRITING AND MAKING COPIES for the same reason. It is AMAZING how their "memories" would have "FADED"---UNTIL I presented them with THEIR OWN VOICE---ADMITTING what I said they had said! "I LOVE it when a plan comes together" to EXPOSE LIARS---especially when they are UNDER OATH!!!"