Replies

Three problems - 1) proving negligence (which doesn’t seem to be a problem in this case); 2) establishing cause/effect; and 3) assessing damages.

1) Slam dunk - negligence on its face.
2) The news story cannot establish, nor can plaintiff without serious effort, state that the negligence, not the cancer, caused the pt’s issues.
3) Damages - just how much do you think a 93 y/o pt, with cancer, in a nursing home is going to be able to claim in damages?

Where was the family during all of this? Why didn’t the pt complain to them or his MD directly?

24 posted on 10/16/2009 9:54:53 AM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)

26 posted on 10/16/2009 9:57:06 AM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)