Tips for Attorneys

Tips for Attorneys

Tip #1: “Stable” Doesn’t Mean “Safe”

The term “stable” is often used in medical records to reassure — but in reality, it’s vague, subjective, and frequently misleading. In trauma, ICU, ER, nursing home, post-op, or sedation cases, to name a few, a patient can be labeled “hemodynamically stable” while actively deteriorating.

What attorneys should know:

  • “Stable” only describes current vitals — it says nothing about the overall trajectory or underlying risks. A patient can be “stable” while bleeding internally, hypoxic, or septic. This is due to the body compenating.
  • Sedation can mask warning signs — quiet doesn’t always mean better. Monitor trends, not just snapshots.
  • Look for hidden instability — clues may appear in nursing notes, respiratory therapy flowsheets, or rapid response activations shortly after a “stable” notation.
  • Discharge decisions based on “stability” should be scrutinized — especially if followed by readmission, arrest, or adverse outcome.

Bottom line: Don’t let the word “stable” close the case — it’s often a placeholder, not a full picture.

Tip #2: Be Suspicious of Copy-Paste Charting

📝 Identical notes across multiple shifts?
That’s not efficiency — it’s a warning sign. It often means no one’s reassessing the patient, just copying forward old information.

⚠️ Cloned documentation = compromised care.
In ICU, post-op, or trauma cases, this can mean providers missed changes, ignored trends, or failed to act.

🔍 What to look for:

  • Progress notes that are word-for-word the same
  • “Stable” status repeated despite abnormal vitals
  • Lack of evolving assessment despite clinical changes
  • Notes that don’t match the nursing documentation or vitals
  • Templates filled out with no patient-specific details

💥 Why it matters in your case:

  • Shows failure to monitor or reassess
  • Supports claims of negligence or systemic failure
  • Undermines the credibility of the medical team
  • Suggests lack of individualized care
  • Can call into question the authenticity of the medical record

Tip: Compare the notes to vital signs, meds, and nursing documentation. If the chart looks copy-pasted — it probably was.

Tip #3: Don’t Overlook Procedural Sedation Records

😴 Sedation ≠ sleep.
Just because a patient was quiet doesn’t mean they were stable. Sedation requires active monitoring — not passive observation.

📋 Procedural sedation records are often buried.
They’re sometimes tucked into separate sections or scanned PDFs. Missing them means missing critical details about patient safety.

🔍 What to look for:

  • Incomplete sedation monitoring forms
  • Long gaps between vital sign recordings
  • Missing entries of oxygen, blood pressure, or level of consciousness
  • No notes on recovery status or adverse reactions
  • Medications administered without proper time tracking or follow-up

💥 Why it matters in your case:

  • Shows whether the patient was safely monitored during and after sedation
  • Can reveal if oversedation led to respiratory distress, aspiration, or delayed recognition of deterioration
  • Highlights system failures — like lack of training or protocol violations
  • Sedation mismanagement can be directly linked to poor outcomes or even wrongful death

Tip: These records are easy to miss — but they often hold the key to what really happened. Always find and review them closely.

Tip #4: Vital Sign Trends > Individual Values

📉 One bad number? Maybe nothing. A trend? That’s a problem.
A single abnormal BP or heart rate might not raise alarms — but a consistent decline over hours often signals a patient in trouble.

📊 Trends tell the true clinical picture.
Vitals recorded over time can show a slow deterioration that providers failed to recognize or act on.

🔍 What to look for:

  • Gradual drops in blood pressure or oxygen saturation
  • Escalating heart rate with no intervention
  • Rising respiratory rate — a key early warning of distress
  • Changes that go unaddressed over multiple entries
  • Vitals documented after interventions instead of before

💥 Why it matters in your case:

  • Shows missed opportunities to intervene before crisis
  • Supports claims of delayed or negligent response
  • Can identify failure to follow hospital early warning protocols
  • Trend data may contradict “stable” claims in documentation
  • Reveals if vitals were documented consistently or retroactively

Tip: Create a visual timeline of vitals alongside notes and medication records. Patterns jump out fast — and juries understand patterns.

💬 Need a second set of eyes on the records?
At TKO Consulting, we specialize in finding the critical details that others miss. If something feels off in the chart — we’ll help you prove it.

👉 Contact TKO Consulting today for focused, expert insight on your next case.


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