On the stand · 9 of 12

“No distress noted.” What a court asks about a conclusion without findings

No distress noted.

Noted how? It records what you concluded, not what you saw: breathing, color, what the patient said. It also says nothing about whether the care that was due got done.

What they ask about it

It happened in court

Wilson v. Manning

Supreme Court of Alabama · 2003

A record the jail's director of nursing signed said “no distress noted” while the patient's IV antibiotics were not being given: 14 doses were missed over a week. She testified that if a doctor's order had gone unfollowed for seven days, “the integrity of delivering nursing care would have been breached”. The court found enough evidence for a jury and reversed the summary judgment that had ended the case for her.

The medical encounter record, which Manning signed, documented Wilson's medical condition, provided her doctor's name, and stated “no distress noted.”

Higgins v. Correctional Medical Services of Illinois, Inc.

U.S. Court of Appeals, Seventh Circuit · 1999

The other side of it. The nurse's “no distress noted” sat next to findings: color, pulse, circulation, motion, sensation. The court relied on those notes and affirmed summary judgment for the individual defendants. The same notes were also what the patient's expert built his case on.

Botello did check his arm at this time. Her notes say it was warm and pink but that his pulse was strong and his circulation, motion, and sensation were good. At her deposition Botello explained that what she was doing was checking to be sure that his nervous or circulatory systems were not affected by any possible injury. She noted on the chart that he was "sitting in a chair no distress noted."

Write instead

0400 Pt asleep on L side, easily rouses to voice, oriented x3, denies pain, back to sleep. Lungs and skin not assessed, deferred to 0600 to allow rest.

The assessment you could not finish, and how to chart it

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Not legal advice. Your facility policy, your state and your own attorney are what bind you. Every question and every quote here links to where it was published; read the source, not us. Written by a med-surg RN, ten years, day shift. Why there is no name on it.