Orthopedic Surgery Malpractice Actions



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Orthopedic surgery doctors manage patients with musculoskeletal system disorders. When malpractice occurs, a person could end up with fractures, tumors, and deformity in the wrists, joints, extremity, and spine.

To illustrate an orthopedic surgery medical malpractice case: A female in good health, except high blood pressure gets involved in an accident. She sustains fractures in the ankles and ribs, as well as contusions and lacerations. The patient gets treated appropriately at the hospital and was then transferred to another hospital for orthopaedic treatment. The patient is put in a mechanical leg stimulator. No blood thinner is given. The hospital moves the patient after the stimulator procedure. While moving her, her eyes roll up in her head and she dies. The autopsy report establishes that the patient dies from a pulmonary thromboembolism. No steps are taken to prevent a clot from going to the lungs. The patient’s orthopedics’ notes indicate the patient was not ready for surgery when admitted. She had swelling or skin blisters. Her surgery should have been planned the following week. Pelvis fractures pose an increased risk for Deep Vein thrombosis and symptomatic pulmonary embolism. If surgery is imminent or if there are risk factors for increased bleeding or injuries that preclude Deep Vein thrombosis prophylaxis then a chemical Deep Vein thrombosis prophylaxis is recommended. Because this was not done, it was a factor in the female’s death.

To establish a duty the medical provider had to the patient, and breach of standard of care, a plaintiff engages an orthopedic surgery expert to assist in reviewing the patient’s medical records. After receiving the plaintiff’s medical records, an orthopedic surgery expert determines legal merit for a personal injury action. For the plaintiff to establish medical malpractice, the plaintiff proves the medical provider’s breach of a standard of care caused the patient injury.

To get the most out of an orthopedic surgery expert witness, look for a leader in national and local medical professional organizations, skilled speakers, and experienced practitioners. Find an expert in the orthopedic surgery specialty who is board certified.

If you or a loved one suffers an injury due to improper medical care in Florida, hold FL medical professionals accountable with the help of a Florida medical malpractice attorney.

ABOUT THE AUTHOR: Theodore Babbitt
Ted Babbitt has won more than lawsuits over the past four decades. He’s won accolades and esteem. Since 1973, Mr. Babbitt has been a member of the Inner Circle of Advocates, an invitation-only group limited to just 100 of the top plaintiffs’ lawyers in the country

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.