Patient Injuries
When legal professionals approach us with a patient injury-related legal matter, they require careful examination of whether the applicable standard of care was met and what factors were relevant to the patient's injury. These cases typically involve examining whether medical professionals adhered to the standard of care and identifying the circumstances associated with the injury. Our firm provides comprehensive forensic expertise to evaluate the standard of care, adherence to protocols, and causation. Our team brings together medical professionals and safety experts who offer objective opinions based on thorough review of clinical records and applicable standards.
Attorneys require understanding of whether the injury was preventable, what circumstances surrounded the injury, and what role deviations from the standard of care may have played. We begin by carefully reviewing the patient's medical records, including charts, treatment protocols, and incident reports, to establish the timeline and circumstances of the injury. We then evaluate whether the healthcare provider followed established procedures and medical guidelines applicable at the time. This includes assessing whether appropriate safety precautions were implemented, whether patient monitoring was documented and consistent with standards, and whether the healthcare team responded to documented signs of distress or clinical changes. By evaluating these factors, we can determine what relationship exists between any identified deviations from the standard of care and the patient's injury.
Our analysis is informed by comprehensive understanding of both the clinical and procedural aspects of patient care. We employ a multidisciplinary approach, combining expertise in medicine, patient safety, and healthcare regulations. Our experts have extensive experience in reviewing and interpreting medical records, as well as understanding healthcare standards and applicable regulations. This allows us to identify specific areas where documentation reflects deviations from established standards, such as treatment protocol variations, communication patterns, or monitoring practices. Our objective is to provide clear and evidence-based analysis that clarifies whether deviations from the standard of care occurred and what relationship they bear to the patient's injury.
Our forensic reports are thorough, well-documented, and grounded in applicable medical and clinical standards. We explain complex medical terminology and clinical findings in language that is accessible and understandable for legal counsel, judges, and juries. Regardless of whether the engagement involves representation of a healthcare provider or evaluation of alleged deviations from the standard of care, our analysis maintains objectivity and is based on the medical and clinical record. We are available to provide expert testimony in court, presenting our professional opinion in a manner that is credible and clearly explained.
If you are handling a patient injury case and need expert forensic analysis to evaluate the standard of care, causation, or adherence to applicable medical standards, we are available to assist. Please contact us to discuss how our expertise and services can address the specific clinical and forensic questions in your matter.
Causes of patient injuries can include:
- Medical malpractice: When healthcare providers fail to meet the standard of care, resulting in harm to the patient
- Negligence: Failure to properly monitor a patient, communicate with other healthcare providers, or ensure safe equipment use
- Inadequate training or staffing: Insufficient training of healthcare professionals or understaffed medical facilities can lead to mistakes
- Equipment malfunction: Faulty or outdated medical equipment that causes harm to patients
- Patient-related factors: Pre-existing conditions, allergies, or non-compliance with medical instructions can contribute to injury
Yes, patients can sue for injuries caused by defective medical devices or drugs. These cases are often pursued under product liability law, where the manufacturer, distributor, or designer of the product can be held liable if the device or drug was defectively designed, manufactured, or labeled. Common examples include implantable devices, faulty prosthetics, or drugs with dangerous side effects that were not properly disclosed.
Healthcare facilities can take several steps to prevent patient injuries, such as:
- Training staff regularly on patient safety protocols, infection control, and handling medical equipment
- Implementing proper patient safety protocols for falls, medication administration, surgical procedures, and infection prevention
- Using technology like electronic health records (EHR) to reduce errors in medication or diagnosis
- Regularly maintaining and inspecting equipment to ensure it is functioning properly
- Engaging patients in their own care by ensuring they are well-informed and involved in decision-making
An expert is crucial in patient injury and medical malpractice cases. They provide testimony to establish:
- The standard of care: What a competent healthcare provider should have done in the same circumstances
- Breach of standard: Whether the healthcare provider failed to meet the standard of care
- Causation: Whether the injury was directly caused by the healthcare provider’s actions or negligence and/or if a medical product was also involved in the incident
Yes, patient injuries can lead to legal claims even if the healthcare provider was not negligent. Strict liability laws may apply in cases involving defective medical devices or products. However, proving negligence is typically required in medical malpractice claims, where the patient must demonstrate that the provider deviated from accepted practices or standards of care.
Ph.D. — Vice President, Biomechanical & Biomedical Engineer
Andrés J. Calderón, Ph.D., has a Bachelor of Science degree in Mechanical Engineering and a Master of Science and a Doctor of Philosophy degree in Biomedical Engineering. He has worked in the fields of biomechanical and biomedical engineering for over 16 years.
CIH, CSP — Vice President, Industrial Hygiene & Safety Specialist
Michael E. Goldberg, CIH, CSP is a Board Certified Industrial Hygienist with a Bachelors of Science Degree in Occupational Environmental Health and Safety and a Masters of Science Degree in Environmental Health and Industrial Hygiene, with over 19 years…
BS, RN, RNFA, BC-NC — Registered Nurse
Maureen O’Donnell is a Registered Nurse First Assistant and Board-Certified Nurse Coach with over 20 years of nursing experience and a special focus in perioperative services as well as overall health and wellness.
