What is orthopedic malpractice case and who can be held liable for the same?
Orthopedic malpractice happens when an orthopedic surgeon or a doctor fails to diagnose the patient and abide by the proper standards which are allied with their area of specialization. Malpractice cases may happen due to negligence, wrong diagnosis, incompetence of the doctor, and surgical errors. Some of the malpractices are as follows:
- Failure to diagnose the orthopedic conditions
- Operating the wrong body part
- Performing the wrong kind of orthopedic surgery
- Failure to abide by the sanitization protocols
- Other kinds of conduct
These are some of the instances which lead to a medical malpractice case. Patients have the right to seek compensation for all the injuries and damages caused to them due to the misconduct of the doctors. This is where an orthopedic expert witness plays a key role. Now the question is who you can hold responsible for such an unprofessional attitude. It might happen that the incompetence of the doctor has not directly caused the impact. They may be some other contributing factors as well. In this context, you’ll get to know who can be held liable for an orthopedic malpractice case.
Who can be sued for an orthopedic malpractice case?
Depending on the facts of the case, various parties can be held liable for the case. In some instances, the patients might suffer due to the direct negligence of the surgeon. In some cases, assisting surgeons can be held responsible. What is important to understand here is that orthopedic surgical errors are often connected with medical equipment and devices. For instance, in case of hip implants, the surgeon should explain the complications to the patient and must seek their consent before performing the surgery. If the surgeon fails to inform the patient regarding the pre-operative and post-operative remedies, and other information pertaining to the surgery, then the surgeon can be held liable for the same. In the case of defective instruments or devices, the manufacturer can also be sued. No matter whoever is liable for the injury, you should seek medico-legal guidance from an orthopedic expert witness.
Legal remedies available in a medical malpractice case:
Orthopedic malpractice cases are severe and they can result in severe losses and damages to the patient. Usually, in a medical malpractice lawsuit, the victim will claim financial compensations. These compensations will be intended to cover financial losses, medical bills, the cost for additional surgery and treatment, and loss of income. At times, the patients can also claim for non-monetary damages like pain and suffering.
Surgical lawsuits are complicated because it consists of technical elements. Hence, it’s crucial to get in touch with an attorney as they can represent your case in a better way. Besides this, they also have a good network with orthopedic expert witnesses who can make your case strong and can ultimately influence the decision making in your favor. Seeking professional guidance before filing a legal case is crucial because if the case is not strong enough to prove negligence, the victim might face backlash from the party towards whom the lawsuit was directed.