Patient Care/Neglect
When legal professionals approach us with patient care or neglect-related cases, they require careful examination of complex questions regarding whether applicable standards of care were met. Patient care cases in healthcare settings may involve issues such as failure to monitor vital signs, pain management practices, medication handling procedures, or personal hygiene care. Our firm provides expert forensic analysis to evaluate the standard of care and to assess the relationship between any identified deviations and patient outcomes. Our team combines medical expertise, healthcare industry knowledge, and a thorough understanding of healthcare regulations to offer objective analysis in these complex matters.
Legal counsel seek to understand whether the standard of care was met and what actions or inactions occurred. Our forensic process begins by reviewing the patient's medical records and documentation related to the clinical events in question, including treatment plans, charts, and communication records. We evaluate whether the care provided was consistent with recognized medical standards and practices applicable at the time, and we assess whether the healthcare provider adhered to relevant protocols for patient monitoring, care, and intervention. We also examine whether the facility had established procedures in place and whether documentation reflects adherence to those procedures.
Our extensive experience in healthcare practice and patient safety standards informs our analysis. Our experts bring backgrounds in nursing, healthcare law, and clinical practice, allowing us to evaluate the clinical decision-making and care delivery against applicable standards of care. We examine both the clinical aspects of the care provided and broader systemic factors, including staffing levels, training and competency, and the facility's operational environment, which may have been relevant to the clinical situation. Our objective is to provide a comprehensive assessment that clarifies the factual and clinical questions central to the case.
Our forensic reports are thorough, objective, and evidence-based. We present our findings in clear, understandable language, explaining complex medical and healthcare concepts so that legal counsel, judges, and juries can evaluate the implications. Regardless of whether the engagement involves defense of a healthcare provider or evaluation of alleged deviations from the standard of care, our analysis maintains objectivity and focuses on the clinical facts. We are available to provide deposition and trial testimony explaining our analysis and conclusions.
If you are handling a patient care case and require expert forensic analysis to evaluate the standard of care, causation, or systemic factors, we are available to assist. Please contact us to discuss how our services can address the specific clinical and forensic questions in your matter.
We can assit in Medical Malpractice cases that involve medical products, devices, or implants including:
- Surgical errors (e.g., malfunctioning of medical devices, incorrect use of implant, etc.)
- Medication errors (e.g., wrong dosages due to malfunction of infusion pumps, incorrect algorithm protection, etc.)
- Medical products malfunctions or design issues (e.g., host response, improper use, product failure, product design, etc.)
- Anesthesia errors (e.g., improper dosages, failure to monitor vital signs)
- Nursing negligence (e.g., failure to follow care protocols, improper patient monitoring)
Forensic experts assess the interaction of the medical device and the patient by reviewing the patient's medical history, diagnosis, treatments provided, and any complications. They analyze the interaction of the product with the patient and assess if the product worked as intended.
Medical product liability refers to legal responsibility held by manufacturers, distributors, or sellers for injuries caused by defective medical products, such as devices.
- Manufacturers
- Distributors and wholesalers
- Pharmacies or retailers
- Doctors or hospitals (in some hybrid cases)
- Design defects: Flaws in the original design
- Manufacturing defects: Errors during production
- Marketing defects (failure to warn): Inadequate instructions or warnings
Medical Device Malfunction:
- Unintended consequences
- Sudden change in health and/or symptoms
- Repeated error messages or inconsistent readings with diagnostic equipment
Improper Use of the Device:
- The device was used inconsistently with manufacturer instructions or medical guidelines
Delayed Diagnosis of Device Malfunction:
- The healthcare provider missed obvious signs of device failure (e.g., imaging showed a migrated stent, but nothing was done)
Ignoring Manufacturer Recalls or Warnings:
- A known defective device was used despite an active FDA recall or black box warning
Your provider did not notify you of a recall involving a device implanted in your body.
Yes, a doctor, hospital, or other healthcare provider can be held liable for medical errors if it is shown that the error resulted from negligence or failure to follow the standard of care. Liability may extend to medical staff, hospital administrators, or even pharmaceutical companies if their actions contributed to the error.
Technical / root cause analysis
Compliance
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.
