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On August 15, Yr-2, Sandra Day, 74, was admitted to the St. Jude Hospital in Waymart, Pa. Day was there for a series of maladies
On August 15, Yr-2, Sandra Day, 74, was admitted to the St. Jude Hospital in Waymart, Pa. Day was there for a series of maladies - heart problems, diabetes, early on-set dementia, and fluid in the lungs. She was assigned to the critical care ward. Starting August 18, Day's nurse on the 8-4 shift was Melanie Weiss. Weiss had the option of using restraints on Day, because Day's multiple conditions led her to throw her body around, risking injury. Weiss did not opt for the restraints, deciding to first observe Day by regularly checking her in the room. During the morning, there was no problem. Day was seated in an upright chair next to her bed. After lunch on August 18, Weiss returned to the room and Day was on the floor, writhing in an apparent seizure. She was bleeding from the head. Day's daughter Hortense Burke came in, saw her mother, and became overwrought. Sandra Day was rushed to the ER and then to another hospital. In a coma for two weeks, Day then died. Day's daughter Hortense has brought suit against St. Jude Hospital and Weiss, on behalf of her mother's estate, for wrongful death and medical malpractice. The claim is that (a) Sandra Day should have been in restraints; and (b) even with no restraints, there was a duty to monitor her every 10 minutes, and this duty was breached because Weiss did not keep to that tight a schedule; and the fall caused the come and death. The joint defense of the hospital and Weiss is that the decision to leave Day in the chair was reasonable, especially in light of the regular checks by the nurse; and that the coma was a result not of the fall but of internal bleeding in the brain [cranial bleeding] that existed when the mother entered the hospital. Trial takes place in December, Yr-0 [the current year]. Question 1 1 pts Hortense wants to testify that after she calmed down and her mother had been taken to the ER, the head nurse (who came on duty just after the fall of the mother) said to her "we are so sorry for our neglectful behavior." Group of answer choices a) The statement is admissible against the hospital and against Nurse Weiss. b) The statement is inadmissible as an offer of settlement or compromise. c) The statement is inadmissible because the head nurse had no personal knowledge of what happened. d) The statement is admissible against the hospital, but not against Nurse Weiss
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