Patient Handling Procedures
When legal professionals come to us with a patient handling procedure-related matter, they require careful analysis to determine whether established protocols were followed and whether any deviations from these protocols were relevant to a patient's injury or outcome. Patient handling procedures, which include the safe transfer, positioning, and mobility of patients, are governed by industry standards and regulatory requirements designed to prevent injuries such as falls, strains, and musculoskeletal damage. Our firm specializes in analyzing whether established protocols were followed and evaluating the relationship between any procedural deviations and patient outcomes. Our team provides skilled assessment of both the clinical and procedural elements of such cases, offering objective forensic analysis to support the legal process.
Legal professionals typically require clarification regarding whether the healthcare provider adhered to industry-standard practices for patient handling and whether any deviations from established procedures were relevant to the injury or outcome. We begin by reviewing the patient's medical records, incident reports, and the specific handling procedures and safety protocols that were in effect at the time of the incident. We evaluate whether the care team followed the proper techniques for lifting, moving, or repositioning the patient, and whether appropriate equipment or support was available and utilized when indicated. Additionally, we review training records to determine whether healthcare staff had received instruction on safe patient handling procedures and whether documentation reflects compliance with workplace safety protocols.
Our analysis is informed by in-depth knowledge of healthcare procedures and applicable safety regulations. Our team consists of healthcare professionals, including nurses and safety experts, who are knowledgeable in patient handling techniques and best practices. We are familiar with OSHA guidelines and other relevant healthcare regulations that govern the safety of both patients and healthcare workers. Our forensic investigation examines multiple factors relevant to the incident, including the patient's condition, the physical environment, the equipment available and utilized, and the facility's safety procedures and their implementation. This comprehensive approach enables us to provide an objective assessment of whether the handling procedure was consistent with applicable standards and what factors were relevant to the patient's outcome.
Our forensic reports present complex findings in clear language that allows legal professionals, judges, and juries to understand the technical and procedural aspects of the case. We provide detailed analysis of the incident, identifying any deviations from established procedures or applicable safety standards. Regardless of whether the engagement involves representation of a healthcare provider or evaluation of alleged procedural deviations, our analysis maintains objectivity and focuses on the factual and procedural record. We are available to provide deposition and trial testimony explaining our findings and analysis with the technical expertise necessary to clarify the issues at hand.
If you are involved in a patient handling procedure-related legal matter and need expert forensic analysis to evaluate procedure compliance, causation, or adherence to safety standards, we are available to assist. Please contact us to discuss how our expertise and services can address the specific procedural 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.
