Articles Posted in Orthopedic Malpractice

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orthopedistWe rely on orthopedists to treat injuries to the bones, muscles, tendons, and ligaments, including the spine. While the majority of orthopedists treat patients competently, some make mistakes that can seriously injure a patient. If you or a loved one has been injured due to an orthopedist’s error, you may be entitled to compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse orthopedic malpractice lawyers are committed to holding negligent medical professionals accountable for the harm that they cause.

An orthopedist is a doctor who specializes in the branch of medicine concerned with the correction or prevention of deformities of the bones. Typically, an orthopedist will address functional abnormalities of the bones with surgery, casting, and bracing. A 2015 medical malpractice report conducted by Medscape surveyed nearly 4,000 physicians, including orthopedists, to find out why they were sued for malpractice. The report found that orthopedists are among the most likely physicians to be sued, just behind OBGYNs and general surgeons. In fact, 79 percent of orthopedists have been sued. The top three reasons orthopedists were sued included the following:  the patient suffered an abnormal injury; failure to diagnose; and failure to treat. Other examples of orthopedist errors include but are not limited to:

  • Placing a cast on too tightly and causing nerve injuries;
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Tennis CourtAthletes and people living active lifestyles risk injuries such as pulling muscles or tearing ligaments. Orthopedic specialists often work with athletes to help repair those types of sports-related injuries. The experience of a New York woman who received a surgical biopsy from an orthopedic surgeon shows what can go wrong in certain circumstances. The case between a high school tennis athlete and her orthopedic surgeon provides an example of a New York orthopedic malpractice case.

The plaintiff, formerly an all-star tennis player in high school, went to see an orthopedic surgeon about a benign bone growth, also known as osteochondoroma, in her left leg. The surgeon conducted the surgical biopsy and cut a nerve in the plaintiff’s leg. The resulting injury allegedly put her in a wheelchair and required months of physical therapy in order to regain the ability to walk. The plaintiff underwent another procedure to have the growth removed by another surgeon, although she still has pain in her leg that will allegedly continue for the rest of her life.

The plaintiff’s lawsuit against the surgeon alleged orthopedic malpractice. The elements for orthopedic malpractice in New York include:  (i) the plaintiff was under the care of an orthopedic specialist; (ii) in the course of treatment, the orthopedic specialist failed to conduct him or herself in accordance with the standards of orthopedic specialists in New York; and (iii) the plaintiff was injured because of the orthopedic specialist’s negligence.

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