Surgical Nursing Procedures
When legal professionals approach us about a surgical nurse procedure case, they require careful analysis to understand the nursing care provided and what factors were relevant to the patient outcome. These cases may involve multiple elements including retained surgical items, instrument handling practices, patient positioning, medication administration, sterile technique compliance, and adherence to perioperative protocols. Our firm provides forensic expertise to evaluate surgical nursing practice against applicable standards of care and identify factors relevant to the case.
Attorneys typically require understanding of whether the nursing staff adhered to established perioperative procedures, whether care was appropriately documented, whether team communication was effective, and what factors contributed to the patient outcome. We begin by systematically reviewing operative reports, nursing documentation, intraoperative checklists, and facility policies and procedures. Our experts — who are certified perioperative nurses — evaluate compliance with safety protocols including surgical counts, time-outs, and infection control measures. We also assess team communication, role clarity, and the nurse's assigned responsibilities and performance during the procedure.
Our analysis is informed by comprehensive knowledge of perioperative nursing practice and operating room environments. We understand both the clinical and operational demands of surgical care and the professional standards applicable to perioperative nurses. We systematically evaluate nursing actions and omissions against applicable standards of care, distinguishing between outcomes that resulted from deviations from the standard of care and those that were consistent with accepted perioperative nursing practice. Our analysis considers the information available at the time, the pace and demands of the surgical environment, and the nurse's scope of practice.
Our forensic reports are thorough, well-documented, and presented in clear language. We explain clinical nursing concepts and perioperative practices in terminology accessible to legal counsel, judges, and arbitrators. We support our findings with evidence from professional standards established by organizations such as AORN, the Joint Commission, and state nursing boards. Our experts are experienced in providing testimony, presenting findings and analysis clearly and professionally in litigation and arbitration proceedings.
Regardless of whether the engagement involves representation of a patient or representation of a nurse or hospital, our analysis maintains objectivity and is based on applicable standards of care, regulatory requirements, and documented evidence.
If you are handling a surgical nursing case and need expert forensic analysis to evaluate perioperative nursing practice, adherence to standards of care, protocol compliance, team communication, documentation practices, or contributing factors, we are available to assist. Please contact us to discuss how our expertise in perioperative nursing and surgical standards 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