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New Study Finds Notable Trends Regarding Orthopedic Surgery Malpractice

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.

Orthopedic surgery comes with many risks and relies heavily on the surgeon to meet the standard of care and perform to the best of their ability. Surgeons who fail to meet the standard of care and end up harming a patient can be liable for medical malpractice. In the context of orthopedic surgery, medical malpractice occurs when a surgeon causes harm by failing to provide a reasonable level of care:  namely, the level of care that an orthopedic surgeon in the same situation would have used.

The types of damages covered in an orthopedic malpractice lawsuit vary based on the specifics of that case. Generally, victims of medical malpractice in New York may pursue compensation for a variety of damages, such as medical bills, rehabilitation (current and into the future), pain and suffering, lost wages, future medical costs, disability, or disfigurement. It is important to note that plaintiffs only have a limited time to pursue compensation through a medical malpractice case. Thus, it is vital to work with an attorney who will be vigilant about timelines in your case.

If you believe that you were injured by the negligence of an orthopedic surgeon, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced orthopedic malpractice attorneys are committed to pursuing the compensation you deserve for your harm. With extensive experience, we understand the intricacies of medical malpractice claims and can confidently represent you in your case. For a free case evaluation from one of our attorneys, call us at 315-479-9000 or contact us online as soon as possible.

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Woman Loses Ovaries and Toes Due to IUD,  Syracuse Medical Malpractice and Personal Injury Lawyer Blog, July 25, 2018

 

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