# data[].attributes.body
One thing to take note of in this case is to think, "Did Dr. Allen Weathers further the cause of Jane Smith's injury?"

# data[].attributes.body
What is Jane Smith's claim against Dr. Allen Weathers?

There was a standard of care that Dr. Allen Weathers did not meet when treating Jane Smith. Therefore, Jane Smith has a claim against him for medical negligence & malpractice.

# data[].attributes.body
FACTS

Dr. Allen Weathers did not perform all the proper tests after Jane Smith came into the hospital. Like performing a spinal scan.

On Dr. Allen Weathers's orders, the neck collar was removed from Jane Smith. This did not restrict Jane Smith's movement and therefore Dr. Allen Weathers's negligence was the cause of Jane Smith's paralysis.

# data[].attributes.body
There are multiple keywords taken from what we know regarding this claim. These keywords can be used as search tools.
Those keywords are:

Medical Negligence

Medical Malpractice

Proximate Cause

# data[].attributes.body
First, in the back of the Kentucky Practice (Encyclopedia), there will be an index to search for the keywords.

# data[].attributes.body
In this index here we will find a topic from our keywords which is either negligence, malpractice, or proximate cause.

Where it says "malpractice by..." I can see that there is a subtopic for the standard of care. There will also be a volume and a page number of the Kentucky Practice beside it which in this case, it is 10:18. From there we can look at our secondary sources throughout that volume.

# data[].attributes.body
Here is a secondary source that gives us primary sources that we may use like the case Blair v. Eblen and many others that cover the standard of care.

# data[].attributes.attachment_link.title
The Standard of Care in Professional Negligence Cases, Medical Negligence

# data[].attributes.body
Here is a secondary source that gives us a primary source that we can use. The case of Deutsch v. Shein.

# data[].attributes.body
The Kentucky Practice also mentioned Deutsch v. Shein. This case can prove that this claim is also factual in law. Given that Dr. Allen Weathers, like Shein, did not perform the proper tests. Therefore strengthens the defense that Dr. Allen Weathers was negligent.

# data[].attributes.body
Before using these cases, first, we must check and see if they have value. What does it mean for them to have value? We have to see if they are current and that the case has not been overruled, repealed, or amended. Or in other words, we have to check if it's good law. The process to check this is called shepardizing.

# data[].attributes.body
Topic
I will be shepardizing the topic of the standard of care.

# data[].attributes.body
Use the finding tool
We will be using the Kentucky Digest as our finding tool for case law.

# data[].attributes.body
Find relevant topics in the digest

Negligence

Medical Malpractice

Doctor

# data[].attributes.body
Here are the index sections which were 18.1-18.30.

These sections refer us to "Health."

# data[].attributes.body
From where it referred us to "Health" on that section. We then go to the Kentucky Digest Volume 13, "Hawkers" to "Homicide" to find "Health."

From there it tells us to go to Section V, Key Number 618. Entitled "Standard of Care in General."

# data[].attributes.body
This section leads us to the Blair v. Eblen case. It also gives us the South Western Reporter citation for this case which is, Blair v. Eblen, 461 S.W.2d 370.

# data[].attributes.body
From the citation given to us by the Southwestern Reporter, we then check on the Shepard's Southwestern Reporter or the Shepard's Kentucky Citations.

From the latest to earliest volumes until we reach the full name of the case, we search for the Blair citation and see if the case has been overruled.

# data[].attributes.body
The Blair v. Eblen case is still good law. Therefore, it can be used for this case.