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Can I Sue for Orthopedic Surgery Malpractice?

on  Medical Malpractice

Orthopedic surgeons play a vital role in diagnosing, treating, and rehabilitating patients with serious injuries to their bones, nerves, joints, or ligaments or who suffer from disorders or diseases of the musculoskeletal system. They also closely monitor patient progress and perform surgery when necessary. 

However, sometimes an orthopedic surgeon makes a mistake or acts negligently and causes injury to the patient. When this occurs, there may be a case for orthopedic surgery malpractice. 

Unfortunately, filing a medical malpractice claim in Florida isn’t easy. Patients and families often encounter numerous obstacles when collecting compensation after suffering an injury. For this reason, it is important to contact an experienced Florida surgical malpractice attorney. 

At Prosper Shaked Accident Injury Attorneys, PA, our medical malpractice lawyers know you don’t have time to chase down insurance companies and negotiate claims. Hospitals and medical professionals know this and hope you’ll settle for far less than you deserve. At our law firm, we fight aggressively for injured patients and their families because we believe you deserve justice – and compensation for your suffering. 

What are Common Types of Orthopedic Surgery Malpractice?

When an orthopedist deviates from the standard of care, patients can suffer irreparable damage. Some types of orthopedic surgery malpractice may include:

  • Misdiagnosis or Delayed Diagnosis: A failure to accurately diagnose or diagnose a condition or injury promptly can lead to delayed treatment, worsened conditions, or improper treatment. This includes misinterpreting diagnostic imaging (X-rays, MRIs, or CT scans)
  • Surgical Errors: These can include wrong-site surgery, nerve damage, incorrect insertion of implants or devices, inadequate post-operative care, and anesthesia errors. 

Common orthopedic surgical errors include:

  • Performing surgery on the wrong spinal level
  • Negligence during hip replacement surgery
  • Nerve injury caused during knee replacement surgery
  • Improperly setting broken bones by surgeons
  • Incorrect alignment of fractured bones during surgery
  • Negligence during ACL tear surgery
  • Failure to recognize or treat post-surgery complications
  • Application of a cast too tightly, resulting in compartment syndrome
  • Inadvertently injuring a nerve during surgery
  • Failure to Obtain Informed Consent: Patients must be fully informed about the risks and benefits of any surgical procedure and provide their informed consent before undergoing the procedure.
  • Improper Post-Operative Care: Failure to provide appropriate post-operative care can lead to infections, complications, and further injury.
  • Negligence During Casting or Therapy: Orthopedic malpractice can occur outside surgical treatment, such as improper casting, bracing, or physical therapy.
  • Inserting a Prosthesis Incorrectly: When an orthopedic surgeon inserts a prosthesis incorrectly, the patient can suffer serious damage. This includes pain and discomfort in the joint, instability, and limited range of motion. In some cases, prosthesis mistakes made by the orthopedist can result in a patient needing additional surgeries in the future. 

How Do Orthopedic Surgical Mistakes Occur?

When a mistake occurs in surgery, patients often want to know how this mistake could’ve happened.  Some of the most common reasons why orthopedic surgery mistakes occur include:

  • Lack of Experience: Orthopedic surgery is a highly specialized field that requires years of training and experience. Newer surgeons or those who perform surgeries less frequently may have a higher risk of making mistakes.
  • Fatigue and Stress: Orthopedic surgery can be physically and mentally demanding, and long work hours can lead to fatigue and stress. Fatigue and stress can impair judgment and lead to mistakes.
  • Communication Breakdown: Orthopedic surgeries typically involve a team of medical professionals, including surgeons, anesthesiologists, and nurses. Miscommunication or breakdowns in communication between team members can lead to errors.
  • Technical Difficulties: Orthopedic surgeries often involve using complex and specialized equipment, and technical malfunctions or difficulties can occur during the surgery.
  • Rushed Surgeries: In some cases, orthopedic surgeons may be under pressure to complete surgeries quickly, which can lead to shortcuts or mistakes.
  • Inadequate Preparation or Planning: Inadequate preparation or planning before the surgery, such as incomplete patient assessments, can lead to mistakes during the surgery.

How Do I File an Orthopedic Surgical Malpractice Lawsuit in Florida?

If you believe you have been injured due to the negligence of an orthopedic surgeon, you may be able to sue for malpractice. To file a medical malpractice claim in Florida, you must prove several elements:

  1. You Were a Patient
  2. The orthopedic surgeon did not meet a reasonable standard of care
  3. The surgeon’s negligence was directly responsible for your injuries
  4. Evidence must show that the injuries caused damages such as pain and suffering to you or your family.

In an orthopedic malpractice lawsuit, the types of damages covered vary based on the particular circumstances of each case. In general, victims may receive compensation for medical expenses, including rehabilitation (current and into the future), pain and suffering, mental and emotional anguish, loss of enjoyment of life, lost wages, long-term care, permanent disability, or disfigurement.

If you believe that you were injured due to the negligence of an orthopedic surgeon, it is important to speak to an experienced Florida medical malpractice attorney at Prosper Shaked Accident Injury Attorneys, PA. Our lawyers will examine the circumstances surrounding your injuries and let you know your legal rights. If you have a case for orthopedic malpractice, we will help you through the legal process and fight for the settlement you deserve. 

Contact Our Florida Surgical Malpractice Attorneys

If you or someone you love suffered an injury in an orthopedic surgery, we can help. Our attorneys know how to handle medical malpractice cases in Florida, and we work tirelessly for our clients. We know you need money to pay for your medical bills and lost income. Never settle for less than you deserve. Call our law firm to explore your legal options and see if you have a case! 

To schedule a free legal consultation to discuss your potential medical malpractice case, contact Prosper Shaked Accident Injury Attorneys PA at (305) 694-2676. You may also use our online submission form to contact the firm.