Orthopedic Surgical Errors

Many people suffer from acute and chronic musculoskeletal issues that cannot be remedied through conservative treatment. As a result, their conditions may require surgical repair. When performed properly, orthopedic surgeries can offer patients lasting improvements in mobility and pain relief. Unfortunately, orthopedic surgical errors often occur, causing people to suffer significant physical and financial losses. If you were hurt due to mistakes made during an orthopedic surgical procedure, you may be owed damages and should speak to an attorney regarding your rights. The Boca Raton surgical malpractice lawyers at The Grife Law Firm are skilled at aiding people harmed by surgical errors in the pursuit of damages, and we will work tirelessly to help you pursue any compensation that you may be owed.

One of the most egregious mistakes that an orthopedic surgeon can make is operating on the wrong body part. Many less obvious errors can cause patients to suffer serious harm as well. For example, if a surgeon uses an inappropriate prosthetic device when performing a joint, hip, or knee replacement, it may cause significant pain and movement issues and may ultimately need to be replaced. An orthopedic surgeon may harm a patient by failing to promptly provide a diagnosis or providing an inaccurate diagnosis, which can lead to a worsening of an underlying condition.

Surgeons can also cause injuries by performing surgery incorrectly, leading to nerve damage or improper placement of limbs, which is likely to cause pain, numbness, tingling, and gait issues. In some instances, an orthopedic surgeon will fail to take the measures necessary to prevent infections or blood clots from developing due to the surgery, causing serious complications. Orthopedic surgeons also have an obligation to inform their patients of the possible risks and problems that could arise from a procedure. If they do not, they can be held accountable for failing to obtain their patients’ informed consent.

People harmed by orthopedic surgical errors may be able to recover compensation in a medical malpractice lawsuit. To do so, they must prove liability, which generally requires them to prove medical negligence. Specifically, pursuant to Florida Statute 766.102, in an action in which a plaintiff seeks damages for injuries caused by the negligence of an orthopedic surgeon, the plaintiff must prove that the doctor departed from the applicable standard of care.

The standard of care that prevails is the level of skill, treatment, and care that a prudent health care provider in the same specialty would deem appropriate and acceptable, in light of the relevant circumstances that were present when the orthopedic surgeon treated the patient. After the plaintiff produces evidence establishing the prevailing standard of care and showing that the orthopedic surgeon’s acts constituted a departure from that standard, the plaintiff must prove that the departure proximately caused the plaintiff’s harm. In other words, the plaintiff needs to show that the harm suffered would not have occurred if not for the orthopedic surgeon’s acts. Negligence must be proven by the greater weight of the evidence, which means that the evidence must show that it is more likely than not that the orthopedic surgeon caused the plaintiff’s harm.

Orthopedic surgeons cannot guarantee that the procedures that they perform will be effective, but they have a duty to perform them properly and to avoid making errors that cause their patients to suffer harm. If you were hurt due to the careless mistake of a surgeon, you have a right to pursue damages and should speak to a lawyer as soon as possible. The experienced attorneys at The Grife Law Firm are dedicated to helping people harmed by orthopedic surgical errors seek remedies for their injuries, and we will develop persuasive arguments on your behalf to help you seek a proper outcome. We regularly represent people in medical malpractice lawsuits in Boca Raton, Fort Lauderdale, Miami, and West Palm Beach. You can reach us via our online form or at 855-998-0770 to set up a consultation.