Orthopedic Malpractice

Orthopedic surgeons specialize in treating the bones, joints, and muscles essential for movement and daily functioning. When they are negligent during diagnosis, treatment, or surgery, serious complications and lifelong deformities can result, dramatically impacting patients' quality of life, ability to work, and independence.

Orthopedic malpractice is among the highest-risk areas of medical practice in New York, where surgeons treating the musculoskeletal system face a heightened risk of litigation. Nationwide, orthopedic surgeons are the second most frequently named defendants in medical malpractice lawsuits. Studies show that malpractice allegations are present in nearly 50% of analyzed orthopedic cases, highlighting the complexity and risk inherent in this specialty.

The technical demands of orthopedic procedures, along with their direct impact on patients' mobility and quality of life, creates an environment where even minor errors can cause permanent disability or death. Orthopedic surgeons rank among the top 10 surgical specialties most likely to be sued for malpractice, with common high-risk procedures involving the spine, hips, knees, hands, and feet.

If you or a loved one have suffered injuries due to the negligence of an orthopedic surgeon, the Porter Law Group's experienced New York orthopedic malpractice lawyers can help you seek the compensation you deserve.

New York Orthopedic Malpractice Attorneys

The skilled attorneys at the Porter Law Group have extensive experience in medical malpractice cases in the State of New York. We understand the physical, emotional, and financial toll that orthopedic injuries can take on victims and their families. Medical malpractice is the most complex of all personal injury lawsuits, with unique hurdles to overcome in New York State.

Between 2008 and 2012, orthopedic surgeons had a 19.3% cumulative risk of facing at least one malpractice claim, with a mean annual risk of 6%. In New York, the average settlement for medical malpractice is approximately $446,000, significantly higher than the national average of $242,000.

Our dedicated team is committed to holding negligent orthopedists accountable for their actions and securing the compensation our clients need to move forward with their lives. We work on a contingency fee basis, so there are no fees unless we win your case.

Contact us today at 833-PORTER9 or email info@porterlawteam.com to schedule a free consultation.

Legal Framework in New York

Statute of Limitations

New York's medical malpractice statute of limitations applies equally to orthopedic malpractice cases, generally requiring lawsuits to be filed within two years and six months (30 months) from the date of the alleged malpractice or the end of continuous treatment. If the malpractice occurred as part of a continuing course of treatment, the 30-month period doesn't start running until the date of the last treatment.

Certificate of Merit Requirement

All orthopedic malpractice lawsuits in New York must include a Certificate of Merit filed with the original complaint. This document certifies that the plaintiff's attorney consulted with a medical expert who concluded that the case has merit and that the healthcare provider deviated from acceptable medical practices, causing injury.

Four Elements of Orthopedic Malpractice

To establish orthopedic malpractice in New York, plaintiffs must prove four essential elements:

1. A professional duty of care was owed by the orthopedic surgeon
2. This duty was breached
3. The breach directly caused injuries
4. The injury resulted in damages

What is Orthopedic Malpractice?

Orthopedic malpractice is a type of medical malpractice that happens when an orthopedist fails to abide by the accepted standards of care for a patient, resulting in patient harm. Orthopedic medicine focuses on the diagnosis, treatment, and prevention of injuries and conditions affecting the musculoskeletal system, which includes:

• Bones
• Joints
• Ligaments
• Tendons
• Muscles

When an orthopedist fails to provide appropriate care, patients can suffer serious harm with devastating consequences.

Common Types of Orthopedic Malpractice

Surgical Errors and Complications

Surgical mistakes account for 85% of orthopedic medical negligence claims. This broad category includes:

• Unintended nerve or vascular injury during surgery
• Placing the wrong prosthesis size  (for hip or knee procedures), causing stability problems or surgical failure
• Operating on the wrong body part or patient
• Poor surgical technique or inadequate technical skills
• Lack of training or unfamiliarity with new equipment or devices

Technical skill deficiencies are cited in 46% of medical malpractice claims against orthopedic surgeons.

Total Joint Arthroplasty Complications

Total joint arthroplasty (TJA) is the most common procedure associated with malpractice claims within orthopedic surgery. Recent analysis found that:

• Total knee arthroplasty (TKA) cases primarily cited pain (24%) and persistent swelling (12.8%)
• Total hip arthroplasty (THA) cases cited nerve injuries (31%) and prolonged pain (33%)
• Negligence largely stemmed from procedural errors (47%), postsurgical errors (27%), and failure to inform (14%)

Spinal Surgery Malpractice

Due to the complexity and proximity to the spinal cord, spinal surgery carries high risks. Common mistakes include:

• Surgical errors such as incorrect incisions and nerve damage
• Misdiagnosis or delayed diagnosis of spinal conditions
• Improper surgical technique
• Post-surgical infections or complications
• Inadequate preoperative or postoperative care

The intricate anatomy of the spinal column means that even minor mistakes during spinal procedures can cause paralysis, chronic pain, or death.

Diagnostic Failures and Treatment Errors

Diagnosis-related allegations account for 10% of orthopedic surgery case volume, most commonly reflecting:

• Missed or delayed diagnoses of musculoskeletal disorders
• Failure to detect post-operative complications
• Improper treatment of infections or blood clots
• Inadequate monitoring and follow-up care

Communication and Judgment Errors

• Communication failures are mentioned in 10% of medical malpractice claims against orthopedic surgeons
• Errors in clinical judgment account for 15% of claims, involving situations where it may be negligent to continue or terminate a procedure
• Delaying necessary surgery, leading to worsened conditions
• Performing unnecessary surgeries that result in complications

The Porter Law Group's Successful Results

Our experienced team has recovered significant compensation for orthopedic malpractice victims, including:

• $1.6 million settlement for a 22-year-old woman who suffered severe orthopedic and nerve injuries due to physicians' failure to make a timely diagnosis
• $1.3 million settlement during trial for a 39-year-old woman who suffered a significant orthopedic injury during routine surgery, significantly impacting her daily activities and earning ability
• $1.3 million settlement for negligent surgical error involving a 15-year-old patient who underwent hip and leg surgery, resulting in complete transection of the peroneal nerve and permanent foot drop
• $1 million settlement for lumbar fusion malpractice where the surgeon failed to use fluoroscopy during screw insertion, causing partial foot drop
• $850,000 settlement for a 41-year-old woman who suffered a lower extremity injury due to failure to diagnose and treat a postoperative infection
• $400,000 settlement for a woman who suffered an injury due to failure to make a timely diagnosis and treat an underlying condition

What are the Consequences of Orthopedic Malpractice?

Orthopedic malpractice can result in lasting physical, emotional, and financial damage. The average victim is 53.3 years old, and men and women are nearly equally represented among plaintiffs.

Physical Consequences

• Chronic pain and limited mobility
• Permanent disability or paralysis
• Need for additional surgeries and medical treatment
• Inability to work or engage in daily activities
• Amputation or loss of limb function

Financial and Emotional Impact

• High medical bills and lost wages
• Loss of independence and quality of life
• Emotional trauma and anxiety
• Strained family dynamics due to caregiving demands

A comprehensive study found that 47% of patients experienced at least one adverse event within 90 days of an orthopedic procedure, most commonly prolonged pain (31%).

How Do You Prove an Orthopedic Malpractice Claim?

To build a strong orthopedic malpractice case, plaintiffs must establish:

1. Duty of Care: A preponderance of evidence showing that a duty of care was owed to a patient
2. Breach of Standard: That the orthopedist failed to abide by the accepted medical practices in treating the patient
3. Causation: That this departure from accepted standards resulted or contributed greatly to the patient's injury
4. Damages: Quantifiable harm resulting from the breach

It is not enough to merely show that you were injured. The orthopedist's negligence must have been a significant factor or the proximate cause of your injury. You need to prove that because of the orthopedist's actions, or lack thereof, your chances of survival or favorable outcome were diminished.

Case outcomes in orthopedic litigation were in favor of the defense in 66% of cases, making expert testimony and thorough case preparation crucial for success.

Damages and Compensation Available

New York does not impose caps on medical malpractice damage awards, allowing juries to award any amount they deem appropriate. If you've been a victim of orthopedic malpractice, you may be entitled to compensation for:

Economic Damages

• Past and future medical expenses
• Lost wages and reduced earning capacity
• Rehabilitation and long-term care costs
• Assistive devices and home modifications

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium (for spouses)

Factors Influencing Settlement Amounts

• Severity of the orthopedic injury and its impact on life and livelihood
• Patient's age and occupation
• Strength of medical evidence linking negligence to injury
• Cases involving permanent disability, paralysis, or amputation typically result in higher settlements

Frequently Asked Questions About Orthopedic Malpractice

Q: What is the most common type of orthopedic malpractice claim? 

Surgical errors and complications account for 85% of orthopedic surgery medical negligence claims. Total joint arthroplasty (hip and knee replacements) is the most common procedure associated with malpractice claims.

Q: How long do I have to file an orthopedic malpractice lawsuit in New York? 

Generally, you have 2.5 years (30 months) from the date of malpractice or end of continuous treatment. If you received ongoing orthopedic care, the clock doesn't start until your last treatment date.

Q: Can I sue if my orthopedic surgery didn't achieve the expected results? 

Not necessarily. You must prove the surgeon breached the standard of care, not just that you didn't achieve optimal results. Poor outcomes don't automatically equal malpractice unless negligence can be proven.

Q: What if my orthopedic surgeon operated on the wrong body part? 

Operating on the wrong body part is a clear example of surgical malpractice. These "never events" are considered inexcusable and typically result in successful malpractice claims.

Q: How much can I recover in an orthopedic malpractice case? 

New York has no damage caps, so awards can be substantial. Recent cases include a $55.9 million verdict for spinal surgery malpractice and multiple seven-figure settlements for various orthopedic errors.

Q: Do I need an expert witness for my orthopedic malpractice case? 

Yes. New York requires a Certificate of Merit from a qualified orthopedic expert, and expert testimony is essential to establish the standard of care and prove it was breached.

Q: What if my orthopedic surgeon was inexperienced with the procedure? 

Lack of training or unfamiliarity with surgical equipment can constitute malpractice. Surgeons have a duty to be competent in procedures they perform or refer patients to more experienced specialists.

Q: Can I sue for complications from joint replacement surgery? 

You can sue if complications resulted from negligence, such as using the wrong size prosthesis, procedural errors, or failure to properly monitor for post-surgical complications like infections.

Q: What if my spinal surgery left me paralyzed? 

Spinal surgery malpractice cases involving paralysis often result in substantial settlements due to the severity of injury. The key is proving the paralysis resulted from surgical negligence rather than known surgical risks.

Injured by Medical Malpractice in New York?

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Why Choose the Porter Law Group?

The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.

Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.  

You only get one chance to hire the best lawyer for you and your family.  Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results. 

When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.     

Contact a New York Orthopedic Malpractice Lawyer

At the Porter Law Group, we work with experts in the medical field who can examine your medical records and tests, determine if more should have been done to improve your condition, and testify on your behalf. Orthopedic malpractice cases rely heavily on expert witness testimony to establish the standard of care and demonstrate how it was breached.

Our experienced medical malpractice lawyers have recovered millions of dollars for victims of medical negligence in New York State. We stand ready to put our skills, experience, and resources toward bringing you and your family the answers and the financial compensation you deserve.

Pursuing an orthopedic malpractice claim can be complex, requiring a thorough understanding of both medical standards and legal principles. At The Porter Law Group, we are dedicated to securing the maximum compensation possible for your injuries, including coverage for medical expenses, lost wages, pain and suffering, and other damages.

If you suspect that you or a loved one have been the victim of orthopedic malpractice, don't wait to seek legal help. The substantial financial exposure demonstrated by recent multi-million dollar verdicts, combined with the complexity of these cases, makes experienced legal representation essential.

Contact The Porter Law Group today at 833-PORTER9 or email info@porterlawteam.com to schedule a free, no-obligation consultation with one of our compassionate New York orthopedic malpractice lawyers.

*Prior results do not guarantee a similar outcome.