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Policies and Procedures As a Basis for Liability

By Neil Edwards and Meg Twomey
August 02, 2015

Editor's Note: In last month's newsletter, we discussed the fact that, in some jurisdictions, evidence that medical facility policies and/or procedures were not followed may be introduced to show that its medical practitioners did not meet the standard of care. Other states do not allow the introduction of such evidence for that purpose. As with everything else in law, each case will need to be analyzed with the law of the jurisdiction in mind.

Policy and procedure evidence may also affect other issues in a case, beyond the question of whether the standard of care was met. The authors discuss those issues herein.

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