Athletes 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.
The jury awarded the plaintiff $1.2 million at trial, siding with the plaintiff’s orthopedic malpractice claim. The plaintiff alleged that the orthopedic specialist violated the standard of care because the surgery was unnecessary and performed in a manner that was negligent. To show causation, the plaintiff alleged that as a result of this negligence, she couldn’t walk, had to attend prom in a wheelchair, and will never play tennis again. Those allegations provide evidence of proximate cause, or the relationship between the orthopedic surgeon’s negligence and her injury.
If you or a loved one is injured because of an orthopedic surgeon’s failure to act responsibly and adhere to the standard of his or her profession, the lawyers at DeFrancisco & Falgiatano may be able to help you recover damages, including medical expenses, lost wages, and past and future pain and suffering. Our orthopedic malpractice lawyers represent injured patients in Syracuse, New York, along with other communities in Upstate New York. If you would like to schedule a consultation, call us at 315-479-9000 or contact us via our online form for an appointment if an incident of medical malpractice has changed your life.
More Blog Posts:
Surgery Double-Booking Investigation Underscores Potential for New York Medical Malpractice Claims, Syracuse Medical Malpractice and Personal Injury Lawyer Blog, October 17, 2017
Medical Malpractice Mandatory Arbitration Clause Case Denied Review by United States Supreme Court, Syracuse Medical Malpractice and Personal Injury Lawyer Blog, October 13, 2017
Medical Malpractice Claim Denied for New York Woman with Surgical Camera Lodged in Intestines, Syracuse Medical Malpractice and Personal Injury Lawyer Blog, September 22, 2017