and again they try to do it or that they can't reach and then at night though they didn't get it because it's painful sometimes the patient sleeping so they said that they didn't move it to the front and that's why i think it's you know someone important this case vs there was testimony it was moved but nurse it be knocked off unintentionally if you are sitting in a chair that is somehow will fall off again if the patient gets up and moves far enough away that that action causes the depends trying to find out what our expert witnesses opinions are after the specific question that she was asked was are you able to state what the cause of the hip fracture was she wasn't asked about the fall and i think that this and it's working and she's found in the bathroom on the floor with their pants pulled down and her diaper pulled down how did she get to the bathroom the floor without anybody coming to her if the alarm was ringing and again it's a constant rain it doesn't stop until somebody with balls like this happen you get a fracture i'll concede that a doctor may have something to say about that i don't know what the treating doctor said he said it was from the fall but she never conceded that the deviations from the standard of care that i i those were a crack in the cause of the fall that was the only reason she was there and that's why i suggest that in looking at this issue the examination of not only her deposition but the two thirteen at three disclosure of its entirety is whether it's properly applied and whether it works and then she sets forth what the response is that's required to the american it's either a if you know the patient can take it off and remove it then you can either have to put it somewhere where she can't or you have to do our expert witness nurse shepard never knew her opinion or defer it on what caused the fall as opposed to the fracture and that that is clear from the two thirteen disclosure when she says specifically that they fail circumstantial evidence wasn't nothing for him to raise the issue of cause in fact or legal fact and that he was going to look to the appellate court to provide whether that was enough in this case it was then that i felt compelled that i of circumstantial evidence was and then even after reviewing that again pointing out to him all the things i trying to tell you about in the testimony in there sheriff he said that yes that may have prompted the argument and the versus roberts the illinois supreme court case where they had court citing prarie which is also another case that we cited in our materials that whether expert testimony in a given case is necessary depends  standard of care in determining whether there was a deviation from the standard of care whether there was an injury approximately caused by the deviation requires consideration of now as we're still or train in a technical area outside the comprehension the lakers and that expert testimony is not required that the health care providers conduct you so ferociously negligent or the treatment is so common that if a person could appreciate it every time they weren't of all these factual issues first if you have because of the of the opinion in the think it's very similar to this one transfers from her to the chair from her bed to the bathroom she needs assistance and toileting and that's also due to thirteen disclosure that someone stays with her and stands behind her and this winter get her side  that is correct you are understanding what the purpose and the function of this alarm in this and that's why when you talk about the reasonable certainty in terms of circumstantial evidence as it was outlined in the coots case it doesn't need to be but i just heard that they could circumstantially put that together i am suggesting that patients to have an arse in their home that deal with the arts every day and know what happens but the fall i understand what we're talking about here that there's a purpose of the alert that's why the day after to get it isn't five feet from her bed it's fifteen feet so there's a period of time that takes that the patient actually get to the floor walk to the outer world and they asked the timeframe in which we're saying there was an opportunity to interv