I am doing a MOL where an expert assumes a defib was not used bc it was not noted in code sheet (but it is mentioned in other notes)
I am looking for more cases that say the failure to document does not mean the failure to do…
I found
Melendez v. Parkchester Medical Services, Inc., 76 A.D.3d 927, 908 N.Y.S.2d 33 (1st Dept. 2010) (absence of a notation in the hospital records indicating that the decedent was questioned about her pertinent prior medical history is not proof that she was not so questioned ); Braunstein v. Maimonides Medical Center, 161 A.D.3d 675, 78 N.Y.S.3d 344, 435 (1st Dept. 2018) (lack of a check offs for skin care and bedsore prevention measures does not equate to the failure to perform them); and Rivera v. K. Jothianandan, 100 A.D.3d 542, 954 N.Y.S.2d 94 (1st Dept. 2012), lv. den., 21 N.Y.3d 861 (2013) (failure to document findings does not permit inference that exam was inadequate).
does anyone have more?
thanks