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Court dismisses nursing malpractice case because elderly woman cannot prove "causation."

Vivian Tabron sued Legacy Sinai Hospital of Detroit after she suffered a post-surgical fall.  She argued that the nursing staff did not properly institute fall protections, did not order adequate follow-ups, and did not respond promptly to her call light.  The court granted summary disposition to the hospital, despite the filing of an affidavit by an R.N. indicating that the standard of care was breached.  The Court of Appeals upheld the summary disposition, ruling that the nursing staff's fall "scoring" of the plaintiff was adequate, and that since there was testimony that she fell immediately after a nurse left the room, it didn't matter whether she was monitored "every 15 minutes."  Even though the patient's daughter claimed that the nursing staff failed to respond to the patient's call light, the Court held that the victim's (confused?) testimony that she never activated the call light made the latter claim untenable.  Usually that kind of conflict in testimony results in a trial on the merits where the jury can weigh the testimony and decide what evidence should control.  Those kind of "antiquated" rules go out the window, however, when an industry dominates the court system.

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