Orthopedic Surgery Malpractice Lawyer New York

Common Orthopedic Procedures and Risks

Orthopedic surgery encompasses a wide range of procedures, each with its own risks and potential for error:

• Total hip replacement (arthroplasty): Replacement of the hip joint with a prosthetic implant. Risks include dislocation, infection, blood clots, leg length discrepancy, nerve injury, and implant failure.
• Total knee replacement (arthroplasty): Replacement of the knee joint. Risks include infection, blood clots, stiffness, instability, nerve injury, and implant failure.
• Spinal fusion: Joining two or more vertebrae to stabilize the spine. Risks include nerve damage, paralysis, infection, hardware failure, and adjacent segment disease. [Link to: /medical-malpractice/spinal-fusion-error]
• Laminectomy/discectomy: Removal of bone or disc material to relieve pressure on nerves. Risks include nerve damage, dural tear, infection, and spinal fluid leak.
• Fracture fixation (ORIF): Open reduction and internal fixation of fractures using plates, screws, or rods. Risks include malunion (healing in wrong position), nonunion (failure to heal), infection, and hardware failure.
• Arthroscopy: Minimally invasive joint surgery using a camera. Risks include cartilage damage, nerve injury, infection, and deep vein thrombosis. [Link to: /surgical-errors/laparoscopic-bowel-perforation]
• Rotator cuff repair: Repair of torn shoulder tendons. Risks include re-tear, nerve injury, infection, and stiffness.
• ACL reconstruction: Reconstruction of the anterior cruciate ligament in the knee. Risks include graft failure, nerve injury, infection, and stiffness.
• Carpal tunnel release: Release of the compressed median nerve in the wrist. Risks include nerve injury, incomplete release, and infection.

Types of Orthopedic Surgery Malpractice

Orthopedic surgery malpractice can occur in several ways:

• Wrong-site surgery: Operating on the wrong body part, wrong side, or wrong patient. [Link to: /medical-malpractice/wrong-site-surgery]
• Surgical errors: Errors during the procedure itself, such as cutting a nerve, blood vessel, or tendon; improper implant placement; or failure to achieve proper alignment. [Link to: /surgical-error-lawyer]
• Hardware/implant errors: Using the wrong size or type of implant, improper placement of screws or plates, or using defective hardware. [Link to: /medical-devices/hip-implant-lawsuit]
• Nerve damage: Cutting, stretching, or compressing a nerve during surgery, causing weakness, numbness, or paralysis. [Link to: /surgical-errors/nerve-damage]
• Infection: Failure to maintain sterile technique, or failure to diagnose and treat infection promptly. [Link to: /hospital-negligence/hospital-infections]
• Failure to obtain informed consent: Operating without properly explaining the risks, benefits, and alternatives. [Link to: /surgical-errors/informed-consent]
• Post-operative negligence: Failure to recognize and treat complications (infection, blood clots, compartment syndrome) after surgery. [Link to: /surgical-errors/post-operative-hemorrhage]
• Unnecessary surgery: Performing a surgery that was not medically indicated. [Link to: /surgical-errors/unnecessary-surgery]
• Improper patient positioning: Positioning the patient in a way that causes nerve damage or pressure injuries during surgery.
• Anesthesia errors: Errors in anesthesia administration or monitoring during orthopedic surgery. [Link to: /medical-malpractice/anesthesia-error]

Hip and Knee Replacement Errors

Hip and knee replacements are among the most common orthopedic procedures, but errors can cause serious complications:

• Improper implant sizing: Using an implant that is too large or too small can cause pain, instability, loosening, and premature failure.
• Improper implant placement: Malpositioning the implant can cause dislocation (hip), instability (knee), uneven wear, and premature failure.
• Leg length discrepancy: After hip replacement, the operated leg may be longer or shorter than the other, causing pain and gait abnormalities.
• Nerve injury: The sciatic nerve (hip) or peroneal nerve (knee) can be injured during surgery, causing foot drop, numbness, or weakness.
• Dislocation: Hip replacements can dislocate, particularly in the first few months after surgery. Improper surgical technique or implant placement can increase the risk.
• Infection: Infection after joint replacement can be devastating, often requiring removal of the implant, antibiotic treatment, and revision surgery. [Link to: /hospital-negligence/hospital-infections]
• Blood clots: Deep vein thrombosis (DVT) and pulmonary embolism (PE) are risks of joint replacement surgery. Failure to provide prophylactic anticoagulation may be negligence.
• Implant failure: Premature loosening, wear, or fracture of the implant may be caused by surgical error or defective hardware. [Link to: /medical-devices/hip-implant-lawsuit]

Spine and Spinal Fusion Errors

Spinal surgery carries some of the highest risks in orthopedics, because the spinal cord and nerves are in close proximity to the surgical site:

• Nerve damage: The spinal cord and nerve roots can be injured during spinal surgery, causing paralysis, weakness, numbness, or chronic pain.
• Dural tear: A tear in the dura (the membrane around the spinal cord) can cause cerebrospinal fluid leak, headache, and infection.
• Hardware malposition: Screws or plates placed improperly can injure nerves, blood vessels, or organs, or fail to stabilize the spine. [Link to: /medical-malpractice/spinal-fusion-error]
• Improper fusion: Failure of the vertebrae to fuse (nonunion) can cause persistent pain and instability.
• Adjacent segment disease: Fusion of one segment can increase stress on adjacent segments, causing them to degenerate more quickly.
• Infection: Spinal infections (discitis, osteomyelitis, epidural abscess) can be devastating and require additional surgery. [Link to: /spinal-cord-injury/spinal-abscess]
• Spinal cord injury: Direct injury to the spinal cord can cause paralysis. [Link to: /spinal-cord-injury/lawyer]
• Wrong-level surgery: Operating on the wrong level of the spine is a serious error. [Link to: /medical-malpractice/wrong-site-surgery]

Fracture Fixation and Hardware Errors

Open reduction and internal fixation (ORIF) of fractures is common, but errors can cause serious complications:

• Malunion: The bone heals in the wrong position, causing deformity, pain, and loss of function. This can be caused by improper alignment during surgery.
• Nonunion: The bone fails to heal, requiring additional surgery. This can be caused by inadequate fixation or excessive hardware.
• Hardware failure: Screws, plates, or rods can break or loosen, particularly if the fixation is inadequate or the patient is not properly immobilized.
• Infection: Surgical site infection can spread to the bone (osteomyelitis), requiring long-term antibiotics and additional surgery.
• Nerve or blood vessel injury: Hardware can injure nearby nerves or blood vessels.
• Compartment syndrome: Swelling after fracture fixation can cause compartment syndrome, a surgical emergency. Failure to recognize and treat compartment syndrome promptly may be negligence.

Arthroscopy and Sports Medicine Errors

Arthroscopic surgery is minimally invasive, but errors can still occur:

• Cartilage damage: The arthroscope or instruments can damage cartilage during the procedure.
• Nerve injury: Nerves near the joint can be injured by portal placement or instruments.
• Infection: Despite being minimally invasive, arthroscopic surgery can still cause infection.
• Deep vein thrombosis (DVT): Blood clots can occur after arthroscopy, particularly in knee surgery.
• Inadequate procedure: The surgeon may fail to fully address the problem (e.g., incomplete meniscus repair), requiring additional surgery.
• Graft failure (ACL reconstruction): The graft can fail if it is improperly placed, tensioned, or secured.

When Orthopedic Errors Constitute Malpractice

Not every bad outcome from orthopedic surgery is malpractice. Orthopedic surgery carries known risks -- infection, bleeding, nerve injury, blood clots, and implant failure can occur even when the surgeon does everything right. Malpractice requires a deviation from the standard of care that caused harm.

Orthopedic surgery malpractice occurs when:

• The surgeon operated on the wrong site, wrong side, or wrong patient. [Link to: /medical-malpractice/wrong-site-surgery]
• The surgeon used improper surgical technique, causing nerve damage, blood vessel injury, or organ damage.
• The surgeon used the wrong size or type of implant, or placed it improperly.
• The surgeon failed to recognize and treat a complication (infection, blood clot, compartment syndrome) promptly. [Link to: /surgical-errors/post-operative-hemorrhage]
• The surgeon failed to obtain informed consent. [Link to: /surgical-errors/informed-consent]
• The surgeon performed an unnecessary surgery. [Link to: /surgical-errors/unnecessary-surgery]
• The surgeon failed to maintain sterile technique, causing infection. [Link to: /hospital-negligence/hospital-infections]
• The surgeon failed to provide appropriate prophylactic anticoagulation, causing blood clots.

Proving Your Orthopedic Malpractice Case

To prove an orthopedic malpractice case, you need:

• Medical records: Including pre-operative records, operative reports, post-operative records, imaging studies (x-rays, CT, MRI), and rehabilitation records. [Link to: /resources/how-to-get-medical-records-for-a-lawsuit]
• Imaging studies: Pre-operative and post-operative x-rays, CT scans, and MRIs. [Link to: /radiology-errors/mri-malpractice]
• Expert review: Independent review by board-certified orthopedic surgeons and, if nerve damage is involved, neurologists.
• Standard of care evidence: Establishing what the standard of care requires and how the surgeon deviated from it.
• Causation evidence: Establishing that the deviation caused the harm (not a known risk of the surgery).
• Life care plan: If the injury is permanent, a detailed projection of future medical care, rehabilitation, and support needs. [Link to: /cerebral-palsy-lawyer/life-care-plan]
• Expert testimony: From qualified experts.

New York Statute of Limitations

Orthopedic surgery malpractice claims are subject to the 2.5-year statute of limitations for medical malpractice (CPLR 214-a), running from the date of the negligent act.

Key considerations:

• Date of the negligent act: The 2.5-year clock starts on the date of the surgery (or the date of the post-operative negligence).
• Continuous treatment doctrine: If you continued to receive treatment from the same surgeon for the same condition, the statute may be extended until the treatment ends.
• Foreign object: If a foreign object (e.g., a surgical sponge or instrument) was left in your body, you have 1 year from the date you discovered (or should have discovered) the object. [Link to: /medical-malpractice/retained-surgical-object]
• Municipal hospitals: If the surgery occurred at a municipal hospital (NYC Health + Hospitals), a notice of claim must be filed within 90 days, and the lawsuit within 1 year and 90 days. [Link to: /hospital-negligence/suing-nyc-h-h]
• Wrongful death: If the malpractice caused death, the wrongful death claim must be filed within 2 years of the date of death. [Link to: /wrongful-death-lawyer]

Common Defense Arguments and How We Counter Them

Defense: The complication was a known risk of the surgery.

Defense attorneys use several arguments in orthopedic malpractice cases:

• Our Counter: While complications like infection and blood clots are known risks, the standard of care requires the surgeon to minimize these risks (through sterile technique, prophylactic anticoagulation) and to recognize and treat them promptly when they occur. If the complication was caused by a deviation from the standard of care, or if the surgeon failed to recognize and treat it promptly, the provider is liable.

Defense: The patient had pre-existing conditions that caused the poor outcome.

Our Counter: Pre-existing conditions (osteoporosis, diabetes, obesity) may increase the risk of complications, but they do not excuse a deviation from the standard of care. If the surgeon failed to account for these conditions in the surgical plan, or if the deviation caused or worsened the harm, the provider is liable. [Link to: /delayed-diagnosis-lawyer/loss-of-chance]

Defense: The implant was defective, not the surgery.

Our Counter: If the implant was defective, we may pursue a product liability claim against the manufacturer. [Link to: /medical-devices/hip-implant-lawsuit] However, if the implant failed because it was improperly sized or placed, the surgeon is liable. We examine the operative report, imaging, and the implant records to determine the cause.

Defense: The patient did not follow post-operative instructions.

Our Counter: While patient compliance is important, the surgeon must provide clear instructions, ensure the patient understands them, and provide appropriate follow-up. If the harm was caused by the surgeon deviation (not the patient non-compliance), the provider is liable.

Compensation Available

A successful orthopedic malpractice claim in New York can provide compensation for:

• Medical expenses: Including past and future medical care, revision surgeries, rehabilitation, medications, and assistive devices
• Physical and occupational therapy: For recovery of mobility and function
• Lost wages and lost earning capacity: For time missed from work and reduced ability to work
• Pain and suffering: NY has no cap on non-economic damages
• Permanent disability: For nerve damage, loss of mobility, amputation, and other permanent conditions
• Future medical care costs: Based on a life care plan, discounted to present value
• Home modifications: Ramps, accessible bathrooms, and other modifications if mobility is affected
• Loss of consortium: For the impact on family relationships
• Wrongful death damages: If the malpractice caused death [Link to: /wrongful-death-lawyer]

What to Expect Working with MDLaw Firm

When you contact MDLaw Firm about a potential orthopedic malpractice case:

• Free Consultation: We listen to your story and review the basic facts.
• Immediate Deadline Assessment: We evaluate the 2.5-year statute of limitations, the continuous treatment doctrine, and any municipal notice of claim deadlines.
• Record Retrieval: We obtain all medical records, operative reports, and imaging studies. [Link to: /resources/how-to-get-medical-records-for-a-lawsuit]
• Expert Review: We engage board-certified orthopedic surgeons and neurologists to independently review the records.
• Causation Analysis: We establish the causal connection between the deviation and the harm.
• Life Care Plan: If the injury is permanent, we engage a life care planner to project future care needs.
• Litigation: We file within the statute of limitations and handle all aspects of discovery and trial.
• Resolution: We pursue maximum compensation through settlement or verdict.

Frequently Asked Questions

The value of a medical malpractice case in New York depends on several factors, including the severity of the injury, the strength of liability evidence, and the economic and non-economic damages involved. New York is one of the few states with no caps on medical malpractice damages, meaning there is no artificial limit on what you can recover. Below are typical settlement ranges based on injury severity.