Our attorneys understand that a patient can be blindsided by a poorly executed surgery, especially when they expect their surgeon to perform the procedure with the utmost care. As with any other invasive procedure, orthopedic surgery presents inherent risks. In many instances, these risks can be avoided so long as the orthopedic surgeon lives up to the standard of care expected among doctors in their position.

At Morgan & Morgan, our orthopedic surgery malpractice attorneys have helped patients take legal action after their orthopedic surgeon failed to provide reasonable care. We have helped these individuals recover compensation for medical bills, pain and suffering, and other losses stemming from their injuries.

If you have undergone orthopedic surgery and sustained an injury which you believe is the result of your orthopedic surgeon’s negligence, you may have legal recourse. To have one of our orthopedic malpractice attorneys review your claim, please fill out our no cost, no obligation case review form today.

What is Orthopedic Surgeon Malpractice?

Orthopedic surgery involves invasive procedures which require the utmost care and attention from the attending surgeon and staff. As with all medical professionals, orthopedic surgeons are expected to provide a reasonable level of care and act as other surgeons would act when faced with a similar situation. A deviation from this duty, resulting in injuries, may leave an injured or aggrieved patient with the right to legal recourse.

As with other types of surgeries, orthopedic surgery carries the same risks, such as anesthesia issues and nursing staff errors; however, the following may indicate negligence on part of the orthopedic surgeon:

  • Failure to diagnose fractures;
  • Harmful delay in diagnosis of a health problem;
  • Improper treatment of fractures;
  • Improper placement of orthopedic hardware when repairing fractures;
  • Failure to diagnose nerve impingement;
  • Misinterpretation of X-rays, CT scans, or MRIs;
  • Improperly setting a broken bone;
  • Improper placement of a replacement bone;
  • Operating on the wrong part of the body;
  • Leaving surgical instruments, sponges, or towels in the patient;
  • Failure to recognize post-surgical problems;
  • Applying a cast too tightly, which can lead to compartment syndrome.

Negligence by an orthopedic surgeon could lead to fatal blood clots, nerve damage, spine and back damage, hip or other joint problems, blood vessel damage, infection or sepsis, motor function loss in hands and other extremities, and decreased mobility. Failed or incorrect surgeries could compromise future revisions.

How Can an Attorney Help with a Claim for Orthopedic Negligence?

Medical malpractice lawsuits can require a lot of time and attention to detail. Consulting with an experienced orthopedic malpractice attorney can help simplify the process for the injured patient or their family. An attorney can collect photographic evidence, take witness statements, review surgical plans and charts, and consult medical experts to determine whether the surgeon breached his or her duty of care.

If this duty was breached, an attorney may be able to help the injured party recover any compensation to which they may be entitled, including, but not limited to:

  • Current and future medical expenses;
  • Therapy;
  • Current and future lost wages;
  • Pain and suffering; or
  • Loss of consortium.

If you have had orthopedic surgery and believe your surgeon acted negligently, which resulted in an injury, you may have legal recourse. To learn more about orthopedic medical malpractice, fill out the details of our free case review form.


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