this post was submitted on 16 Aug 2024
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That second part is surprising to me. "Facility policy" and/or signed paperwork don't allow a provider to be negligent to someone under their care.
Hell, it wouldn't even protect individual nurses' licenses. Any licensed individual who provides care is responsible for following the law, even if "policy" contradicts it.
Thats what I was trying to argue but the other jurors were more concerned with not having to come back on Monday and a "that's what it says" with no critical thinking. Esp when the plaintiff expert witnesses (an excellent nurse who has a practice investigating nursing homes for compliance with the federal regulations and an excellent doctor who worked for CMS writing the very regulations) outlined what care the law requires
I don't know anything about this stuff, but if there's bad judgement because people didn't want to have to come back, then something is seriously rotten about the system and it doesn't work. What the hell.