In a civil malpractice suit, the patient has the burden of proving by a preponderance of the evidence that a physician’s or nurse’s treatment fell below the standard of care.  COURT OF APPEAL OF LOUISIANA, 1998.

   The Court of Appeal of Louisiana said the jury had to decide whom to believe. The jury believed the nurse, not the patient’s family members.

   The nurse testified her fingernails were not too long. One nail may have broken through the inner glove but not both pairs she was wearing during a sterile urinary catheterization procedure.

   If the nurse’s nails were too long and brightly painted with nail polish and broke through both pairs of gloves, as the family claimed, there would have been a breach of the standard of care for which the nurse and her employer could be liable. Thorne v. Doe, 724 So. 2d 242 (La. App., 1998).