Can I Sue for Orthopedic Surgery Malpractice?

Orthopedic surgeons diagnose, treat and rehabilitate patients with serious broken bones; nerve, joint or ligament damage; or who suffer from disorder or diseases of the musculoskeletal system. They also monitor patient progress and perform surgery when necessary. Most orthopedic surgeons are skilled in their profession and take great care of their patients. When an orthopedic surgeon makes a mistake or acts in a negligent way that causes injury to the patient there may be a case for orthopedic surgery malpractice. In some cases, the surgeon is simply overworked; taking on too many patients and working well over 40 hours per week. In other cases, the physician allows assistants to prepare patients for surgery; barely communicating with the patient before surgery and increasing the chance for error.

Common types of orthopedic surgery malpractice

• Failure to properly prepare patient for surgery; performing surgery on wrong appendage
• Misreading diagnostic tests; performing incorrect surgery
• Inserting a prosthesis that is the wrong size for the patient
• Utilizing the wrong or inappropriate tools or connective devices such as pins, screws or plates
• Failure to follow-up with patient when complications arise during recovery phase

Can I sue for orthopedic surgery malpractice?

Several factors must be in play before a person can sue their orthopedic surgeon for malpractice. These elements are:

1. The injured party must be a patient of the physician at the time the injury occurred.
2. It must be proved that the orthopedic surgeon did not meet the reasonable standard of care that would be expected from a qualified peer under similar circumstances. Medical experts are generally brought in to show this.
3. Evidence that the surgeon’s negligence was directly responsible for the patient’s injuries.
4. Evidence that the injuries caused damages such as pain and suffering to the victim or their family.

What types of damages are covered in an orthopedic malpractice lawsuit?

The types of damages covered in an orthopedic malpractice lawsuit 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.

What to do if you were injured by the negligence of an orthopedic surgeon

If you believe that you were injured by the negligence of an orthopedic surgeon the best thing to do is speak to an experienced medical malpractice attorney. He or she will examine the circumstances around your injuries and let you know your legal rights. If you have a case for orthopedic malpractice, the attorney will be able to walk you through the case; using their expertise on the laws and the court system to fight for the settlement you deserve so you can focus on healing.

The Seattle personal injury attorneys at Morrow Kidman Tinker Macey-Cushman, PLLC have years of experience representing families harmed by medical malpractice and other forms of negligence. We seek justice for people who have been harmed by preventable medical errors including birth injuries, hospital-acquired infections and wrongful death in Seattle and across Washington State. There are no fees or expenses to file a personal injury case as we only receive payment if we recover damages on your behalf. Do not delay; personal injury claims come with a Statute of Limitations, which means they must be filed within a certain time frame of the injury.

Call us now at (206) 752-4366 or contact us online to schedule a free consultation with one of our compassionate, experienced attorneys.