Orthopedic Surgery and Medical Malpractice

Even physicians of highly specialized fields such as orthopedics are guilty of negligence in some instances.

Orthopedics is the study and treatment of medical issues related to the musculoskeletal system. This includes bones, ligaments, tendons, joints and the muscles and nerves related to them. Orthopedic procedures are usually invasive and require delicate care and attention from the medical staff. They are faced with the same nursing or anesthesia risks as any other surgery, but also have other risks unique to the nature of their field. If you or a family member have recently undergone an orthopedic procedure and suffered ab injury as a result, you may have a claim for medical malpractice. Bring the details of your case to a medical malpractice attorney for analysis to determine whether you are entitled to receive compensation.

Medical Malpractice Lawsuits

In order to file a valid claim for medical negligence you first need to understand the few special circumstances involved with these types of cases. Although similar to standard personal injury lawsuits, with medical malpractice there are some additional complexities. You first will have to show how the orthopedic surgeon deviated from the accepted standard of care. In other words, you will need to show how the course of action the doctor took was significantly different from what another capable doctor would have done under the same circumstances. This almost always requires testimony from one or more qualified physicians of orthopedics to state how they would have acted in the defendants shoes.

Causation is the second step with a medical malpractice claim. The plaintiff must be able to show how the physician’s negligence caused the injury. This sometimes becomes a chicken or the egg discussion with the defense claiming that the injury is a part of the original ailment and the plaintiff claiming it came afterwards as a result of negligence. Take for example the case of a Missouri man with a broken arm. The orthopedic surgeon allegedly applied the cast to the wrong section of bone causing further damage to the man’s wrist. In order to repair this new damage to the wrist, he needed corrective surgery. While the plaintiff’s attorney attributes the wrist damage to the misplaced cast, the physician’s defense attorney argued that the wrist injury was a part of the initial bone fracture. After arguing back and forth over which came first, the defense finally agreed to settle the claim.

The last complication involved with medical malpractice is proving harm and damages. Mistakes are made in medicine all the time. You need to be able to show how the reckless mistake made by your orthopedic surgeon caused you harm. This can be additional physical pain, mental anxiety, more medical bills and loss of earnings. Unless you suffered additional harm from the negligence of your orthopedic surgeon there can be no claim against him.

St. Louis Medical Malpractice Lawyers

Even physicians of highly specialized fields such as orthopedics are guilty of negligence in some instances. If you believe that your orthopedic surgery caused more damage than good, a St. Louis medical malpractice attorney may be able to help. Consult with an attorney at Zevan and Davidson today to find out if you are entitled to be compensated for the effects of your injury.

photo credit: phalinn