The news media is notorious for reporting the growing problem of medical malpractice in hospitals, especially for those perpetrated by orthopedic surgeons. Part of the difficulty lies in the fact that these surgeons often take on multiple cases, working 50 or more hours a week. Some allow assistants to prepare patients for surgery, making little contact before the patient enters the operating room. Doctors who practice in this way may be opening themselves up to making mistakes in the operating room.
Orthopedic Surgery Malpractice
The most common instances of orthopedic surgery malpractice include:
- Misreading diagnostic tests on a patient and performing incorrect surgery
- Improper preparation for surgery, resulting in a procedure on the wrong appendage
- Inserting a prosthesis that is either too large or too small for the patient
- Using tools or connective devices (such as pins, plates, or screws) that are incorrect or inappropriate
- Failing to follow-up on patient recovery when complications arise
Malpractice Suit Prerequisites
In order for a victim to file a malpractice suit against their orthopedic surgeon, these elements must exist:
- The patient and physician must have had a medical relationship
- The testimony of a medical expert in the field who can affirm that the surgeon did not meet the reasonable standards of skill and care for that procedure
- Evidence that the surgeon’s negligence resulted in injury
- Evidence that the injury resulted in damages to the victim or their family
Once those prerequisites have been met, a victim may be able to file suit for any or all of the following compensation:
- Pain and suffering
- Mental anguish
- Medical expenses
- Lost wages
- Permanent disfigurement or disability
Getting Legal Help with Orthopedic Surgical Negligence
While there is an ever-increasing demand for orthopedic surgeries today as more and more people attempt to participate in athletics or return to athletics later in life, there is also an increase in orthopedic surgery errors, even in the simplest procedure by the best surgeons. Those errors may not always include negligence, but when they do, it is up to a qualified attorney to walk a victim through the process, help them find the evidence they need, and pursue the settlement they deserve in a medical malpractice lawsuit. These complicated processes are beyond the ability of most nonprofessionals, but a good medical malpractice lawyer should be able to take care of all the details, allowing the victim to continue to heal while they wait for their settlement.
