What Is Orthopedic Malpractice?

Orthopedic malpractice refers to negligence or substandard care provided by orthopedic surgeons or medical professionals specializing in the musculoskeletal system. When orthopedic care falls below accepted medical standards, resulting in patient harm, it can lead to significant physical, emotional, and financial consequences. 

Common Types of Orthopedic Malpractice

An orthopedic is a medical professional specializing in the diagnosis, treatment, prevention, and rehabilitation of disorders, injuries, and conditions affecting the musculoskeletal system, which includes bones, joints, ligaments, tendons, and muscles. Orthopedic surgeons often perform surgical procedures to correct issues like fractures, joint problems, and spinal disorders.

Orthopedic malpractice can take various forms, often involving the following:

• Misdiagnosis or Delayed Diagnosis: Failing to accurately diagnose orthopedic conditions such as fractures, torn ligaments, or infections can result in improper treatment and worsened outcomes.
• Surgical Errors: Mistakes during orthopedic surgeries, such as incorrect procedures, wrong-site surgeries, or failure to use sterile techniques, can cause severe complications. Examples include nerve damage, infections, and improper placement of implants or prosthetics.
• Improper Treatment: Administering inappropriate treatments or failing to follow established medical guidelines can result in ineffective or harmful outcomes. This includes inadequate casting of fractures, improper management of joint dislocations, and failure to recognize complications.
• Postoperative Neglect: Negligence in postoperative care, such as failing to monitor for signs of infection, blood clots, or other complications, can jeopardize patient recovery and lead to long-term health issues.

Causes of Orthopedic Malpractice

Several factors contribute to orthopedic malpractice, often involving:

• Lack of Experience or Training: Inadequate training or inexperience of orthopedic surgeons and staff can lead to errors in diagnosis, surgical procedures, and postoperative care.
• Communication Failures: Poor communication among healthcare providers, patients, and families can result in misunderstandings, misdiagnoses, and improper treatment plans.
• Systemic Issues: Organizational problems such as understaffing, inadequate resources, and lack of standardized protocols can increase the risk of malpractice.
• Negligence: Failure to adhere to established medical standards and protocols, whether due to oversight or deliberate disregard.

How to Prove an Orthopedic Malpractice Case

Successfully pursuing a legal claim for orthopedic malpractice involves proving the following elements:

• Establishing Duty of Care: The first step is proving that the orthopedic surgeon or healthcare provider owed you a duty of care. This is usually straightforward, as medical professionals owe a duty of care to their patients.
• Breach of Duty: It must be demonstrated that the healthcare provider breached this duty by providing substandard care. This often requires expert testimony to establish the accepted standard of care and how it was violated.
• Causation: The breach of duty directly caused your injury or worsened condition. This involves linking the substandard care to the harm you suffered.
• Damages: You suffered damages due to the malpractice. This includes medical expenses, lost wages, pain and suffering, and other related costs.

Patients who suspect they have been victims of orthopedic malpractice should seek legal counsel from an experienced White Plains medical malpractice lawyer. They can help you explore your options for seeking compensation and justice to hold negligent parties accountable and obtain the support needed to recover and rebuild your life.