Many who have visited an orthopedic doctor for a bone or joint injury have found that misdiagnosis is very common in this field. In addition, while the consequences of such negligence are rarely fatal, it can result in a great deal of pain and suffering, added expense, and multiple surgeries. In worst cases, it can cause permanent disability. It is vital for those dealing with these kinds of injuries to carefully choose their physician, get second opinions whenever the diagnosis is in doubt, and seek legal advice if it appears that there is negligence or malpractice.
Common Instances of Orthopedic Malpractice
The difficulties with orthopedic diagnoses can be found in several basic areas:
- Attending physicians or family doctors often refer patients to an incorrect specialist to treat the injury or illness
- Orthopedic physicians often order inadequate or incorrect tests to diagnose the problem
- Doctors may also misread the results of diagnostic tests, resulting in incorrect or damaging treatment
- Orthopedic doctors may fail to follow-up procedures properly or address complications in a timely or correct manner
Determining Negligence
In many cases, it is difficult to determine whether there is medical malpractice or merely a patient failing to respond to the appropriate treatment. It is important to receive a second option from a qualified expert in the field before deciding that negligence was involved. In addition, it can often be important to receive additional treatment quickly, before a lawsuit can be completed. The consulting or correcting physician may be able to provide the information a patient needs to proceed. Some of the requirements for filing a personal injury lawsuit include:
- Showing that there was a doctor-patient relationship between the physician and the victim. Casual advice over coffee does not qualify
- Providing the court with expert evidence that the orthopedic surgeon did not meet accepted standards of reasonable skill and care for that type of injury
- The orthopedist’s negligence caused injury to the patient
- That injury resulted in damage to the patient
Getting Legal Help with Orthopedic Malpractice
There is a great deal of detail and expertise required on the part of a victim and their medical malpractice attorney in order to file and win a personal injury lawsuit. However, if there was negligence involved, the victim has the right to receive representation and compensation. Statistics show that appropriate damage amounts are more often awarded to those who have skilled lawyers at their side throughout the proceeding, so it is important for victims to take the time to research and enlist a qualified and committed attorney for their claim.
