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Nurses may be expert witnesses in some standard of care disputes

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The Indiana Court of Appeals declined Wednesday to create a blanket rule that nurses cannot qualify as expert witnesses under the Indiana Evidence Rule and testify as to whether a health care provider breached a standard of care or whether an alleged breach caused an injury.

The decision came in a wrongful death, breach of contract and negligent infliction of emotional distress claim filed by Michael Curts. Curts’ elderly mother lived in Miller’s Merry Manor nursing home to receive care following a stroke. She had a history of falling and of getting out of bed while waiting for nurses to help her to use the bathroom. On May 7, 2006, staff found her lying face down on the floor in a large amount of blood. Curts happened to arrive at the room during this incident and saw his mother on the floor. She died the next day in the hospital.

He sought to have Theresa Weitkamp, a nurse and nursing home administrator, testify as an expert witness. She concluded that Miller’s Merry Manor deviated from commonly accepted standards of care and regulations.  

A medical review panel of three doctors determined the evidence didn’t support that the nursing home failed to meet the appropriate standard of care and its conduct wasn’t a factor of the resultant damages. The trial court granted summary judgment in favor of the nursing home.

The appellate court reviewed caselaw in which nurses have been found unable to testify as expert witnesses regarding medical causation and medical standards. In those cases, the medical causation issues were complex, but in the instant case, the question is whether Miller’s Merry Manor failed to meet its standard of care and whether the injuries from the fall caused the woman’s death.

“In a scenario such as this, we cannot foreclose the possibility that some nurses have sufficient expertise to qualify as an expert witness,” Chief Judge Margret Robb wrote.

But Curts didn’t present sufficient evidence of Weitkamp’s expertise for the court to conclude that she qualifies as an expert witness. In addition, the judges found Curts failed to meet his burden of establishing a genuine issue of material fact.

 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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