“Will continue to monitor.” What a court asks about monitoring you only promised
Exhibit 8 end of a note
Will continue to monitor.
Monitor what, and how often? It promises a check without naming it. If no timed entry follows, the chart shows you planned to look and nothing shows that you did.
What they ask about it
A malpractice insurer's claim study (NSO and CNA), on a gap in the record
The defense team was unable to retain a supportive nursing expert. The lack of documentation during the timeframe that the primary RN was off the unit and the contradictory deposition testimonies of the nurse manager and the primary nurse were viewed as weaknesses in the defense of this case.
The plaintiff's nursing expert, as the appeals court summarized it
Hummel herself admitted that she did not document many events concerning Wickham, which according to Wickham's nursing expert, was a breach of the standard of care. Hummel also admitted that she did not document performing a neurovascular exam on Wickham at noon, which Wickham's expert stated was also a breach of the standard of care.
Counsel at trial, questioning the surgeon about what was charted
Q. Right. But if you had come to see the patient, you would have wanted to gather all of the information, not just what had been documented in regard to neurovascular findings, but, potentially, you would have wanted to see that ultrasound report to see what it shows, correct? A. Yes.
A legal nurse consultant who works with attorneys (Nurse.com)
For example, writing "Patient woke up from surgery and will continue to monitor," is not adequately specific. She encourages nurses to note what time the patient awoke, any observations they made after the patient awoke, their vital signs, and if there are post-operative complications.
Superior Court of New Jersey, Appellate Division · 2026
After an unwitnessed fall at night, the nurse found the resident “fine” and staff would “continue to monitor.” Her daughter found her in pain the next morning, and the hospital diagnosed a hip fracture. The jury did not find the fall itself negligent, but found a violation of the resident rights law, and the $525,000 award was affirmed. Among the evidence the court listed: staff failed to conduct adequate checks that would have revealed the fracture sooner.
After Renee fell, staff telephoned a doctor, who advised how to check Renee's extremities and temperature. The nurse determined Renee was "fine" and returned her to bed, where staff would "continue to monitor." Renee was administered acetaminophen in response to her complaint that her "head and body hurt[]."
Missouri Court of Appeals, Western District · 2022
The nurse said she did the ordered neurovascular check but never charted it, and her charting that day was so far behind that the night nurse had nothing current to report from. The jury found her 100% at fault for injuries after a knee replacement that ended in a below-the-knee amputation, and the $1,085,115 judgment was affirmed.
Pursuant to Dr. Smith's orders, Wickham should have received a neurovascular assessment around noon on February 18. Hummel did not document performing any neurovascular assessments in the morning after 8:00 a.m. throughout the afternoon. According to Hummel, she performed a neurovascular assessment on Wickham after she returned from physical therapy but did not document it.
The other side of it. The 0355 note ends with “will continue to monitor,” and the entries after it show the monitoring: 0415, 0500, 0530, 0610, 0645, each with what she found. The court found the nurse met the standard of care for a patient on narcotics.
Nurse Morton's handwritten progress notes show that she entered Bruce's room at least seven times in four hours. The notes state: 0300 Pt. admitted from ED, assessment started, teaching done, data base given to pt. Screening tool reviewed with pt. 0355 Pt. c/o RUQ pain radiating to flank. 2 mg Dilaudid given will continue to monitor. 0415 Pt. states pain ↓ tolerable now.
Write instead
0312 monitor shows 9-beat run of wide-complex tachycardia, rate approx 160, self-terminated. At bedside 0313: pt awake, denies chest pain or palpitations, BP 128/76, SpO2 96% RA. Strip saved. K 3.4 this AM.
Every change shows. The record keeps the time of each entry and each deletion.
Correct your charting errors in accordance with your organization’s policies and procedures, ensuring that it is clearly marked as a late entry. Remember: electronic healthcare records automatically date and time each entry and identify electronic deletions, so any attempt to alter the patient healthcare information record is discoverable.
Not to protect yourself. A note added after an incident to cover the gap reads as guilt.
Don’t chart defensively after an incident has occurred. This is a red flag to lawyers later on. Defensive charting is not necessarily going to stand up in court as actual evidence of negligence, but it does telegraph the message that you believe you were at fault, and that’s the red flag the lawyers will be looking for.
Got a subpoena or a deposition notice? Call your liability insurer and your risk manager before anything else.
The first action nursing professionals should take is to inform their professional liability insurance provider and employer’s risk manager or legal counsel of the deposition notice.
The hospital's lawyer is not your lawyer. They represent your employer.
Keep in mind that this attorney is not your attorney, but is your employer’s attorney; therefore, you may wish to retain a board certified healthcare attorney or a litigation attorney to be “on your side” for the deposition.
You can describe your routine. What you always do is evidence too, but it is weaker than the note.
You can speak about your custom and practice in general at deposition, but there is no substitute for a well-written note and initialed treatment boxes.
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.