Orthopedic surgery involves invasive procedures that require the utmost care and attention from the surgeon. If you have sustained a preventable injury as a result of an orthopedic surgeon’s error or wrongdoing, you may be able to recover compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice attorneys have years of experience representing families harmed by an orthopedic surgeon’s negligence.
A recent study published by the U.S. National Library of Medicine National Institutes of Health found that orthopedic surgeons were at significantly greater risk of being sued than other medical specialists. A total of 81 cases from the Westlaw legal database, including state and federal jury verdicts and settlements related to medical malpractice and orthopedic surgery from 2010 to 2016, were analyzed. The study found that juries found in favor of the defendant orthopedic surgeon in most cases – 61.7 percent of cases to be exact.
The study found that the most common reasons for lawsuits were procedural errors, which were at issue in 87.7 percent or 71 cases, and negligence, which was at issue in 71.6 percent or 58 cases. Most litigation involved spine surgery (25.9 percent or 21 cases), knee surgery (21 percent or 17 cases), and hip surgery (11.6 percent or 11 cases). The average payout for a verdict in favor of the plaintiff was over $3 million. The average settlement value was just over $1.5 million. In addition, cases involving male patients and patient death were more likely to lead to verdicts favoring the plaintiff.