Orthopedic Malpractice Lawyers in New Jersey
Reviewed by Mazie Slater’s specialized orthopedic malpractice attorney [David A. Mazie – Managing Partner of Mazie Slater Katz & Freeman]
Orthopedic surgeons and neurosurgeons perform some of the most technically demanding procedures in medicine—operations on the spine, joints, brain, and peripheral nervous system that carry life-altering consequences if something goes wrong. When a surgeon’s negligence causes paralysis, permanent nerve damage, chronic pain, or even death, patients and their families deserve answers and accountability. The New Jersey orthopedic and neurosurgical malpractice attorneys at Mazie Slater Katz & Freeman have spent decades fighting for victims of surgical negligence, recovering billions of dollars for injured New Jersey clients.
If you or a loved one suffered a catastrophic injury following orthopedic or neurosurgical care, contact our firm for a free, confidential consultation. You pay nothing unless we win.
Why Choose Mazie Slater to Handle Your Orthopedic or Neurosurgical Malpractice Case
Medical malpractice cases involving orthopedic surgeons and neurosurgeons are among the most complex in all of civil litigation. They demand not only elite courtroom advocacy but also a command of intricate surgical standards and the ability to retain and examine world-class medical experts. Mazie Slater Katz & Freeman brings all of that, and a track record of record-breaking results, to every case we accept.
Our Successful Orthopedic Malpractice Verdicts & Settlements
Mazie Slater has an unmatched record in New Jersey medical malpractice litigation, including cases involving surgical negligence. Notable results include:
- $11.4 million settlement for a medical malpractice by a surgeon, which led to the amputation of our client’s leg.
- $8 million confidential settlement where the negligence of nurses and doctors caused injuries to a child being treated in the hospital.
- $2.1 million settlement for a client who was rendered legally blind after LASIK surgery.
- $1.1 million jury verdict for a woman who had a surgical instrument left in her abdomen at the end of an operation.
- $1 million settlement for a client who was injured by an orthopedic surgeon during hernia surgery.
- $525,000 settlement for a client who had a surgical sponge left in their abdomen at the end of a surgical procedure.
Results may vary depending on your particular facts and legal circumstances.
Recognized as One of New Jersey’s Top Medical Malpractice Law Firms
Orthopedic and neurosurgical malpractice falls within the broader practice of personal injury law, and Mazie Slater is widely recognized as a leader across both. Our attorneys have received virtually every major distinction available to plaintiff trial lawyers in New Jersey and the United States:
- National Law Journal — Medical Malpractice Law Firm of the Year (Twice)
- Named the best medical malpractice law firm in the nation. We are the only New Jersey firm to receive this honor multiple times.
- National Law Journal — America’s Top 50 Plaintiff Law Firms
- The only New Jersey firm named to this list in the areas of medical malpractice and product liability.
- Best Lawyers in America — Best New Jersey Medical Malpractice Attorneys
- David Mazie has also been named Lawyer of the Year by Best Lawyers in both medical malpractice and personal injury categories.
- New Jersey Law Journal — Personal Injury Hall of Fame
- David Mazie and Adam Slater are among the very few New Jersey attorneys inducted into this prestigious recognition.
- New Jersey Supreme Court — Certified Civil Trial Attorneys
- Less than 3% of New Jersey lawyers earn this distinction. Our firm has five: David Mazie, Adam Slater, Eric Katz, Matthew Mendelsohn, and Cory Rothbort.
- New Jersey Super Lawyers — Top 10 and Top 100 Trial Lawyers
- Multiple Mazie Slater attorneys appear on this list annually, with David Mazie topping the list in multiple years.
Understanding Orthopedic & Neurosurgical Malpractice
Orthopedics is the medical specialty concerned with the diagnosis and surgical treatment of conditions affecting the bones, joints, muscles, tendons, and ligaments — including the spine. Neurosurgery addresses surgical disorders of the brain, spinal cord, and peripheral nervous system. There is significant overlap between these specialties, particularly in spine surgery, where both orthopedic surgeons and neurosurgeons routinely perform procedures. When negligence occurs in either discipline, the results can be catastrophic and permanent.
Common Injuries Caused by Orthopedic Malpractice
Errors in orthopedic and neurosurgical care can produce injuries that range from debilitating to fatal. Patients and families who contact our firm frequently report the following harms:
- Paralysis (paraplegia, quadriplegia, or hemiplegia): Delayed surgery, undiagnosed spinal compression, or surgical error can rapidly and permanently cut off neurological function below the injury site.
- Permanent nerve damage: Improper technique, wrong-level surgery, or failure to protect nerve structures during a procedure can result in loss of sensation, chronic neuropathic pain, or loss of motor function.
- Chronic pain syndromes: Including complex regional pain syndrome (CRPS) caused by nerve injury during or after surgery.
- Deep vein thrombosis (DVT) and pulmonary embolism: Failure to properly monitor and prevent blood clots after orthopedic procedures can be life-threatening.
- Serious infection: Surgical site infections and sepsis can develop when sterile technique fails or post-operative monitoring is inadequate.
- Muscle weakness and loss of limb function: Damage to surrounding musculature or nerves can permanently impair the use of an arm or leg.
- Loss of bladder or bowel control: A recognized consequence of spinal cord injury caused by surgical negligence.
- Need for revision surgery: Errors that require corrective procedures expose patients to additional surgical risk.
- Wrongful death: The most severe outcome, arising from anesthesia errors, uncontrolled bleeding, or surgical mistakes that prove fatal.
Common Types of Neurosurgical Procedures and How Malpractice Occurs
Patients commonly undergo orthopedic and neurosurgical care for conditions including herniated discs, spinal stenosis, degenerative disc disease, spinal fractures, brain tumors, aneurysms, joint replacements (hip, knee, shoulder), fracture repairs, and neurological disorders such as Parkinson’s disease. Representative procedures include spinal fusion, laminectomy, discectomy, disc replacement, joint arthroplasty, osteotomy, brain tumor resection, aneurysm clipping or coiling, and deep brain stimulation.
Despite the technical complexity of these surgeries, malpractice most often traces back to preventable errors that fall into recognizable categories:
- Surgical errors: Operating on the wrong level of the spine, wrong-side surgery, improper placement of implants or hardware, unintended damage to nerves or blood vessels, or leaving a foreign object inside the patient.
- Failure to order or properly interpret diagnostic imaging: Misreading MRI, CT, or X-ray findings that leads to unnecessary surgery, delayed surgery, or an incorrect surgical approach.
- Delayed treatment: Spinal cord compression, epidural hematoma, and cauda equina syndrome require emergency intervention. Hours of delay can mean the difference between recovery and permanent paralysis.
- Improper patient selection: Recommending surgery for a patient who was not an appropriate surgical candidate, or proceeding without adequately evaluating comorbidities and surgical risks.
- Failure to obtain informed consent: Patients have a legal right to understand the material risks, benefits, and alternatives before consenting to a procedure. Performing surgery without adequate disclosure is itself a basis for liability.
- Anesthesia errors: Incorrect dosing, failure to monitor the patient’s vital signs, or anesthesia-related complications that cause brain damage or death.
- Post-operative negligence: Failure to monitor for surgical complications such as hematoma, infection, blood clots, or neurological deterioration in the recovery period.
- Nursing malpractice: Inadequate post-operative nursing care, including failure to monitor blood pressure, bleeding, or neurological status, can independently cause or worsen a patient’s injury.
- Medication errors: Prescribing incorrect drugs or dosages, particularly in managing anticoagulation around surgery.
If you have suffered any of these harms, the orthopedic malpractice attorneys at Mazie Slater Katz & Freeman can evaluate your case and advise you on your legal options.
Malpractice Statistics for Orthopedic Surgeons and Neurosurgeons
Of all medical specialists, neurosurgeons carry the highest malpractice rate in the United States. Orthopedic surgeons rank fourth. According to research published in the American Association of Neurological Surgeons’ journal Neurosurgical Focus, approximately 20% of neurosurgeons are sued for malpractice each year, and average payouts in neurosurgery malpractice cases are the highest of any medical specialty. A 2022 study in the Brain and Spine Journal found that roughly 1 in 4 neurosurgery patients experiences at least one adverse event attributable to human error. These statistics underscore both the frequency of errors in these specialties and the serious stakes for patients.
Who Is Liable in an Orthopedic or Neurosurgical Malpractice Case?
Liability in surgical malpractice cases is not limited to the operating surgeon. A thorough investigation by experienced malpractice attorneys often reveals that multiple parties share responsibility for a patient’s harm. Potentially liable parties include:
- The orthopedic surgeon or neurosurgeon: The primary treating physician bears direct responsibility for errors in surgical planning, technique, and post-operative management.
- Anesthesiologists and certified registered nurse anesthetists (CRNAs): Anesthesia errors before, during, or after surgery can independently cause catastrophic harm.
- Physician assistants and nurse practitioners: Mid-level providers involved in pre-operative evaluation, intraoperative assistance, or post-operative management can be liable for their own failures.
- Nurses and hospital staff: Inadequate post-operative monitoring, failure to recognize and report deteriorating neurological status, and medication errors by nursing staff can result in nursing malpractice liability.
- Hospitals and surgical centers: Healthcare facilities can be held liable for negligent credentialing of surgeons, inadequate staffing, deficient equipment maintenance, systemic failures in infection control, and the actions of employees acting within the scope of their employment.
- Medical device manufacturers: When a defective spinal implant, surgical instrument, or other device contributed to the patient’s injury, the manufacturer may bear product liability.
- Radiologists: A radiologist whose misreading of pre-operative imaging contributed to a wrong-level surgery or other error may share in liability.
Identifying all responsible parties is critical to maximizing recovery. The New Jersey malpractice attorneys at Mazie Slater conduct thorough investigations, retain qualified medical experts in the relevant surgical specialty, and pursue every available avenue of liability.
Compensation Available in Orthopedic & Neurosurgical Malpractice Cases
Victims of orthopedic and neurosurgical malpractice in New Jersey may be entitled to substantial financial compensation covering both economic losses and the intangible harms that money can never fully replace. The value of your case will depend on the severity of your injuries, the extent of negligence, and the impact on your life and livelihood.
Economic Damages
Economic damages compensate for quantifiable financial losses, including:
- Past and future medical expenses, including hospitalization, corrective surgeries, rehabilitation, physical therapy, and long-term nursing or attendant care
- Costs of durable medical equipment such as wheelchairs, orthotics, and assistive devices
- Costs of modifying the injured person’s home or vehicle to accommodate disabilities caused by the malpractice
- Lost wages and income for time missed from work during recovery
- Loss of future earning capacity if the injuries prevent the victim from returning to their prior occupation
- Costs of projected future medical care as opined by life care planning and economic experts
Non-Economic Damages
Non-economic damages compensate for the human losses that cannot be reduced to a bill or pay stub:
- Physical pain and suffering, both past and future
- Emotional distress and psychological trauma
- Loss of enjoyment of life and the activities the victim can no longer engage in
- Permanent disfigurement or disability
- Loss of consortium, representing the impact on the victim’s spouse and family relationships
In cases where a victim has died as a result of surgical malpractice, surviving family members may bring a wrongful death action to recover funeral and burial expenses, the deceased’s projected future income, and the loss of companionship, guidance, and support.
How Can an Experienced New Jersey Orthopedic Malpractice Lawyer Help?
Medical malpractice cases involving spinal cord injuries are highly complex. An experienced New Jersey Orthopedic Malpractice Lawyer can play a crucial role in proving orthopedic malpractice cases by employing various legal strategies and leveraging our expertise in both medicine and law. Here are several ways we can assist:
- Case Evaluation: Orthopedic and neurosurgical malpractice lawyers will thoroughly evaluate the case to determine if there are grounds for a medical malpractice claim. This involves reviewing medical records, consulting with medical experts, and assessing the standard of care provided by the orthopedic surgeon.
- Medical Expertise: Orthopedic malpractice cases often involve complex medical issues. A skilled medical malpractice attorney will work closely with medical experts, such as orthopedic surgeons and other specialists, to analyze the treatment provided by the defendant orthopedic surgeon and determine if it deviated from the accepted standard of care.
- Gathering Evidence: Orthopedic malpractice lawyers will collect evidence to support the malpractice claim, including medical records, diagnostic tests, witness statements, and expert opinions. They may also consult with medical experts to reconstruct the events leading to the alleged malpractice.
- Establishing Standard of Care: One of the key elements of proving orthopedic malpractice is demonstrating that the defendant orthopedic surgeon breached the standard of care expected in similar circumstances. The lawyer will use medical literature, guidelines, and expert testimony to establish what constitutes reasonable care in the specific situation.
- Demonstrating Causation: The plaintiff and their team must show that the orthopedic surgeon’s negligence directly caused the patient’s injuries or worsening condition. This may involve proving that the surgeon’s actions or omissions were a substantial factor in causing harm and that the harm was foreseeable.
- Negotiating with Insurers: Orthopedic malpractice cases often involve negotiations with insurance companies representing the defendant surgeon. An experienced lawyer can advocate for fair compensation on behalf of the injured patient, leveraging their knowledge of the law and the strength of the evidence gathered.
- Litigation: If a fair settlement cannot be reached through negotiations, the lawyer will be prepared to take the case to court. They will present the evidence, cross-examine witnesses, and argue the case before a judge and jury, seeking justice and compensation for their client.
Overall, an experienced New Jersey Orthopedic Malpractice Lawyer can provide invaluable support and advocacy for patients who have suffered harm due to the negligence of orthopedic surgeons, helping them navigate the legal process and pursue the compensation they deserve.
Contact the New Jersey Orthopedic Malpractice Lawyers at Mazie Slater
Orthopedic and neurosurgical malpractice cases require extraordinary expertise to be successfully prosecuted. The medical issues are complex, the defendants are well-funded, and the stakes are enormous. At Mazie Slater Katz & Freeman, we bring decades of experience and a proven record of landmark verdicts and settlements to every case we accept. We handle cases on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you.
If you or a loved one suffered a serious injury following orthopedic or neurosurgical care in New Jersey, contact Mazie Slater Katz & Freeman today to schedule a free, confidential consultation with one of our experienced orthopedic malpractice attorneys.
Frequently Asked Questions About Orthopedic & Neurosurgical Malpractice in New Jersey
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What is the difference between an orthopedic surgeon and a neurosurgeon when it comes to spine surgery?
Both orthopedic surgeons and neurosurgeons are trained to perform spine surgery, and there is substantial overlap in the procedures each specialty performs. Orthopedic surgeons typically focus on the structural and mechanical aspects of the spine (bones, discs, joints, and instrumentation), while neurosurgeons are trained with particular emphasis on the neural elements — the spinal cord, nerve roots, and brain. In practice, either type of surgeon may be responsible for a negligent procedure, and both are held to the applicable standard of care for the specific surgery performed.
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How do I know if my bad surgical outcome was caused by malpractice?
Not all poor surgical outcomes are the result of malpractice — some complications are recognized risks of even properly performed procedures. Surgical malpractice, specifically orthopedic malpractice, requires proof that the orthopedic surgeon or another member of the care team deviated from the accepted standard of care and that this deviation directly caused your injury. The only reliable way to evaluate whether malpractice occurred is to have your medical records reviewed by a qualified expert in the relevant specialty. Our firm conducts this analysis as part of our initial case evaluation, at no cost to you.
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How long do I have to file a medical malpractice lawsuit in New Jersey?
New Jersey’s statute of limitations for medical malpractice claims is generally two years from the date of the injury or the date you discovered — or reasonably should have discovered — that the injury was caused by malpractice. Because malpractice cases require substantial expert preparation before a complaint can be filed, it is important to consult an attorney specializing in orthopedic malpractice injury cases as soon as possible. Missing the deadline will permanently bar your right to compensation, regardless of the strength of your case.
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Who can be sued in an orthopedic or neurosurgical malpractice case?
Depending on the circumstances, liable parties may include the operating surgeon, anesthesiologist, assisting nurses and physician assistants, the hospital or surgical center, a radiologist who misread imaging, or a medical device manufacturer whose defective product contributed to the harm. A thorough investigation is essential to identify all responsible parties and maximize your recovery
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Does Mazie Slater handle neurosurgical and orthopedic malpractice cases on a contingency fee basis?
Yes. Mazie Slater Katz & Freeman handles all medical malpractice cases, including orthopedic and neurosurgical malpractice, on a contingency fee basis. You pay no attorney’s fees unless we recover compensation for you. There is no upfront cost and no financial risk in calling us for a free consultation.
