Orthopedic Malpractice: When Bone and Joint Care Goes Wrong

Orthopedic surgery is a specialized field that focuses on diagnosing, treating, and repairing issues related to the musculoskeletal system, including bones, joints, ligaments, tendons, and muscles. 

Millions of Americans undergo orthopedic procedures every year, and while many of these procedures are successful, orthopedic malpractice can occur when a provider deviates from the accepted standard of care, leading to serious and often permanent harm.

If you or a loved one has been injured due to the negligence of an orthopedic surgeon or related healthcare provider, you may be entitled to compensation. At Morgan & Morgan, our medical malpractice attorneys have the experience and resources to take on even the most complex orthopedic malpractice cases, and we never settle for less than you deserve.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.

What Is Orthopedic Malpractice?

Orthopedic malpractice occurs when an orthopedic surgeon or medical provider fails to follow the standard of care required in diagnosing, treating, or operating on a patient with a musculoskeletal condition. This negligence can result in permanent damage, severe pain, reduced mobility, or even loss of limb.

To prove orthopedic malpractice, a patient must generally show the following:

• A doctor-patient relationship existed.
• The orthopedic provider breached the standard of care.
• This breach caused injury or worsened the patient’s condition.
• The injury led to damages—physical, financial, or emotional.

The stakes are high in orthopedic procedures. A small mistake, such as cutting a nerve or improperly aligning a joint, can lead to lifelong consequences. Unfortunately, these errors are not as rare as one might think.

Common Examples of Orthopedic Malpractice

While no two cases are the same, several types of errors are commonly seen in orthopedic malpractice claims. These include:

Surgical Errors

Orthopedic surgeries are delicate procedures involving bones, muscles, nerves, and blood vessels. Mistakes can happen at any stage of surgery, such as:

• Operating on the wrong body part (wrong-site surgery)
• Nerve damage during joint replacement
• Improper placement of surgical hardware (screws, plates, rods)
• Post-operative infections due to poor sterilization or follow-up care
• Failure to properly repair ligaments or fractures
  
   

Misdiagnosis or Delayed Diagnosis

Timely diagnosis of orthopedic injuries is critical. Failure to identify a fracture, dislocation, or torn ligament can lead to permanent damage. Common diagnostic errors include:

• Misreading X-rays, MRIs, or CT scans
• Attributing bone pain to arthritis instead of a fracture or tumor
• Failing to diagnose compartment syndrome or spinal cord compression
  
   

Improper Treatment

Even if the diagnosis is correct, treatment must follow accepted medical protocols. Improper care may include:

• Choosing the wrong surgical technique
• Over- or under-prescribing pain medication
• Ignoring signs of complications like blood clots or infections
• Failing to immobilize a fracture correctly
   

Negligent Post-Operative Care

Recovery is just as important as the procedure itself. Orthopedic providers must monitor patients for complications and provide rehabilitation guidance. Negligence in follow-up care can result in:

• Infections going untreated
• Loss of range of motion
• Hardware failure or migration
• Poor wound healing
   

Devastating Outcomes of Orthopedic Malpractice

When malpractice occurs in orthopedics, the consequences can be severe and irreversible. Victims may experience:

• Chronic pain
• Permanent nerve damage
• Paralysis
• Limited mobility or range of motion
• Amputation
• Multiple revision surgeries
• Psychological trauma and loss of independence

Some patients are unable to return to work or participate in activities they once enjoyed. In worst-case scenarios, orthopedic malpractice can even lead to death, especially if a condition like deep vein thrombosis (DVT) or sepsis is missed.

Who Can Be Held Liable?

Orthopedic malpractice doesn’t always rest solely on the surgeon’s shoulders. Depending on the circumstances, other parties may be liable as well:

Orthopedic Surgeons

The most obvious defendant, orthopedic surgeons, are responsible for correctly diagnosing, treating, and operating on patients. Failure to meet this standard can constitute negligence.

Anesthesiologists

If a patient is given too much or too little anesthesia or if signs of distress are ignored, an anesthesiologist may be held responsible for any harm caused.

Nurses and Surgical Staff

The surgical team plays a vital role in patient care. Errors such as improper sterilization, administering the wrong medication, or failing to monitor vitals can lead to serious complications.

Hospitals and Surgical Centers

The facility itself may be liable if poor staffing, inadequate training, or faulty equipment contributed to the malpractice.

Medical Device Manufacturers

In some cases, the orthopedic hardware used (like joint replacements, rods, or screws) may be defective. If a faulty product led to injury, the manufacturer could be held accountable under product liability laws.

How Do You Prove Orthopedic Malpractice?

Successfully bringing an orthopedic malpractice claim requires thorough investigation, medical expertise, and legal strategy. Morgan & Morgan’s attorneys build strong cases by:

• Gathering all relevant medical records
• Consulting expert orthopedic witnesses
• Identifying deviations from standard medical care
• Calculating the full scope of damages, both current and future
• Negotiating with hospitals and insurance companies
• Taking the case to trial if necessary

Medical malpractice claims are complex and often heavily defended. But we’re not afraid to stand up to powerful healthcare institutions, and we have the track record to prove it.

Compensation in Orthopedic Malpractice Cases

If you’ve been injured due to orthopedic negligence, you may be entitled to compensation for:

• Medical expenses, including revision surgeries, hospital stays, and rehabilitation
• Lost income, both current and future wages
• Pain and suffering for physical pain, disfigurement, and emotional distress
• Loss of enjoyment of life if you're unable to return to hobbies, travel, or family activities
• Long-term care if you require assistance or nursing care due to disability
• Punitive damages in rare cases involving egregious misconduct

Morgan & Morgan works on a contingency basis, meaning we don’t get paid unless we win your case. That means we’re as invested in your success as you are.

Statute of Limitations for Orthopedic Malpractice

Each state has its own time limit for filing a medical malpractice claim, known as the statute of limitations. In many states, the clock starts ticking from the date the injury occurred or when it reasonably should have been discovered.

It’s important to act quickly. Missing the deadline could mean losing your right to compensation entirely. Our attorneys can help you determine how much time you have and ensure all filing deadlines are met.

Why Choose Morgan & Morgan?

Orthopedic malpractice cases are notoriously difficult. They often require in-depth medical knowledge, aggressive investigation, and the financial resources to go toe-to-toe with large hospitals and insurance companies.

As the nation’s largest personal injury law firm, Morgan & Morgan is uniquely positioned to take on cases of any size, and with law offices in every state across the country, we have an orthopedic malpractice attorney near you that could help.

If you or someone you love has suffered due to orthopedic malpractice, don’t wait. The sooner you speak with a lawyer, the better your chances of preserving evidence and building a strong case.

Our medical malpractice attorneys are available 24/7 to evaluate your case, and it costs nothing to find out if you have a claim. We’re here to listen, advise, and fight for you.

Contact Morgan & Morgan today for a free case evaluation.