Orthopedic Malpractice Lawyers in New Jersey
Each year, some 200,000 patients undergo back surgery to relieve chronic pain in New Jersey and across the nation. Orthopedic specialists and neurosurgeons promise patients decreased pain, improved mobility, and a better quality of life after surgery, but that is not always the outcome. So how does orthopedic surgery malpractice happen? All surgeries involve some risk; however, back and spine surgeries are more likely to cause catastrophic injuries, including spinal cord trauma, nerve damage, loss of function, and paralysis. Orthopedic surgery malpractice from back surgery and other treatments are a leading cause of complications. Nursing malpractice or errors at the hospital or surgical center might also be to blame.
Orthopedic & Neurosurgical Malpractice Statistics
Of all medical specialists, neurosurgeons have the highest rate of malpractice cases. Orthopedic surgeons come in fourth. Since the early 1990s, neurosurgeons have performed an increasing number of spine surgeries, and lawsuits have risen accordingly. Today, they earn roughly sixty percent of their income performing spine surgeries. Legal studies indicate that orthopedic surgeons have one-tenth the malpractice rate compared to neurosurgeons that perform similar operations.
Common Causes of Orthopedic Malpractice
These are a few of the common causes of orthopedic and neurosurgical malpractice-related injuries:
- Surgical error.
- Delayed treatment.
- Improper treatment.
- Improper patient selection.
- Improper aftercare.
- Nursing malpractice.
- Infections and blood clots.
- Complications caused by pain pumps.
Back Injuries Due to Orthopedic & Neurosurgical Malpractice
Paralysis due to delayed surgery is a common cause of orthopedic malpractice claims. Spinal injuries, lesions, and bleeding can quickly cause paraplegia, quadriplegia, or hemiplegia (paralysis on one side of the body) if undiagnosed or untreated. Similar conditions occur due to poor pre- and post-operative care, including anesthesia malpractice and nursing malpractice. Failing to monitor blood pressure, bleeding, and bruising can all cause paralysis. Complications related to back surgeries include these conditions:
- Chronic pain.
- Nerve damage.
- Muscle weakness.
- Sexual dysfunction.
- Partial or complete paralysis.
- Loss of bladder or bowel functions.
- Conditions that require revision surgery.
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.
Successful Orthopedic Malpractice Cases & Settlements in New Jersey
At the New Jersey medical malpractice law firm of Mazie Slater Katz & Freeman, we have extensive experience in litigating orthopedic surgery and neurosurgery malpractice lawsuits. Our team of New Jersey certified civil trial and orthopedic malpractice attorneys will establish where the mistake was made and we will pursue all damages to compensate you for paralysis or any other injuries resulting from the orthopedic malpractice. We have been named to the Best New Jersey Medical Malpractice Attorneys list by the Best Lawyers in America and we have a proven track record of winning multi-million dollar settlements for our clients, such as the $33.9 million settlement on behalf of a paralyzed New Jersey man, and $135 million jury verdict on behalf of a paralyzed New Jersey girl. Results may vary depending on your particular facts and legal circumstances.
New Jersey Orthopedic Malpractice Attorneys
If you or a loved one were injured during a back surgery — or from a delayed back surgery — contact the New Jersey orthopedic malpractice lawyers at Mazie Slater Katz & Freeman. One of our orthopedic malpractice lawyers will respond as soon as possible to discuss your medical malpractice case.
