In the US, orthopedic surgery malpractice is a pressing issue, with surgeons having 10 times the risk of being named in a claim each year relative to baseline (according to various studies). A German university hospital study spanning 18 years also underscored the frequency of orthopedic litigations. Between 2012 – 2020, over 2.2 million knee and hip replacement surgeries took place in the US (American Joint Replacement Registry), increasing the odds of faulty joint replacements. Don’t wait! Hire a premium orthopedic negligence attorney now for the best price guarantee. These attorneys ensure you get the compensation you deserve, standing up against counterfeit claims of medical institutions. Free consultation included!

Orthopedic surgery malpractice

Orthopedic surgery malpractice is a significant concern in the medical field. According to various studies, orthopedic surgeons have a relatively high risk of being involved in malpractice claims. In fact, it has been reported that orthopedic surgeons have 10 times the risk of being named in a claim each year relative to baseline.

Occurrence rate

Overall rate (2000 – 2008 and after 2008 for orthopedic and trauma surgeons)

A study on litigation in orthopedic and trauma surgery presented data from a German university hospital over an 18 – year period. When assessing the differences between the periods 2000–2008 and 2009–2017, it was found that litigations resulting in existing liability for the accused had certain trends. Although the exact overall rate change is not explicitly given in a summarized form, we know that medical malpractice lawsuits are frequent in orthopedic surgery, and it continues to be among the specialties most commonly cited in legal claims in the USA. For example, in this German hospital study, it analyzed litigations related to both orthopedic and trauma patients. Pro Tip: Hospitals should regularly review their litigation data from different time – periods to identify trends and areas of improvement to reduce malpractice risks. As recommended by industry risk management tools, continuous monitoring of litigation data can help hospitals and surgeons stay ahead of potential issues.

Wrong – site surgery rate (1999 – 2005)

While specific data on the wrong – site surgery rate during 1999 – 2005 isn’t fully detailed in the provided information, wrong – site surgeries are a serious form of medical malpractice in orthopedic surgery. These types of errors can lead to significant harm to patients and high – profile lawsuits. Try our malpractice incident tracker to see how your hospital’s data compares to industry benchmarks.

Common causes

Leading causes (nerve injury, pain, infection, death, "other")

A study on the profile of litigation for orthopedic and trauma surgery found the main causes of litigation claims. In elective and trauma surgery, inappropriate management/mistreatment was a leading cause, accounting for 46.5% for orthopedic patients and 45.2% for trauma patients. Misdiagnosis/delay/failure to diagnose was also significant, with 19.7% for orthopedic patients and 28.8% for trauma patients.
Nerve injury, pain, infection, and death are also well – known causes of orthopedic surgery malpractice. For instance, if a surgical screw is placed incorrectly, it can cause nerve injury. A case study might involve a patient who underwent joint replacement surgery and developed a severe infection post – operatively, leading to a long hospital stay and additional treatments. This not only causes physical and emotional distress to the patient but can also lead to a malpractice lawsuit.
Pro Tip: Surgeons should follow strict pre – operative checklists to minimize the risk of misdiagnosis and inappropriate management. A technical checklist that includes patient history review, imaging analysis, and team communication can be highly effective. Top – performing solutions include using advanced imaging technologies to accurately plan surgeries and reduce the chances of complications like nerve injury or infection.
Key Takeaways:

Orthopedic surgeons face a relatively high risk of malpractice claims, with a 10 – fold increased risk compared to baseline.
Inappropriate management and misdiagnosis are major causes of litigation in orthopedic and trauma surgery.
Implementing pre – operative checklists and using advanced imaging technologies can help reduce the risk of malpractice.

Faulty joint replacement lawsuit

Did you know that between 2012 and 2020, there were over 2.2 million primary or revision knee and hip replacement surgeries in the United States (American Joint Replacement Registry)? With such a high volume of surgeries, the likelihood of faulty joint replacements is a significant concern, leading to many legal battles.

Filing process

Determine eligibility

To initiate a faulty joint replacement lawsuit, the first step is to determine eligibility. A typical knee or hip replacement device is supposed to last for 15 to 20 years. If a plaintiff experiences pain or injury associated with defective implants within a few years of their initial surgery, they might be eligible for a lawsuit. For example, John, a 60 – year – old patient, had a hip replacement surgery. Just 3 years later, he started experiencing severe pain and mobility issues due to a defective implant. Pro Tip: Keep all medical records, including surgical reports, post – operative check – up results, and any documentation related to the implant. This will help in establishing your eligibility.

Consult an attorney

Once eligibility is determined, it’s crucial to consult an orthopedic negligence attorney. These attorneys specialize in cases related to orthopedic surgery malpractice. A defective medical device attorney understands the factors leading to the growing number of joint replacement failures and how to begin a product liability lawsuit on your client’s behalf. As recommended by LegalMatch, an industry – leading legal matching tool, finding an experienced attorney can significantly increase the chances of a successful lawsuit.

Common challenges

Proving device defect

To build a strong case for a faulty joint replacement lawsuit, one must focus on proving the device defect. This may involve technical checklists such as examining the design specifications, manufacturing processes, and quality control measures of the device. Industry benchmarks can also be used to compare the performance of the allegedly defective device with other similar products in the market. Top – performing solutions include working with forensic engineers and product experts who can analyze the device and testify in court.
Key Takeaways:

Determine your eligibility for a faulty joint replacement lawsuit by checking the lifespan of your implant and related injury or pain.
Consult an experienced orthopedic negligence attorney as soon as possible.
Overcoming the challenge of proving device defect requires expert opinions, in – depth analysis, and knowledge of industry benchmarks.
Try our legal case assessment tool to see if you have a strong case for a faulty joint replacement lawsuit.

Role of orthopedic negligence attorney

Did you know that between 2012 and 2020, there were over 2.2 million primary or revision knee and hip replacement surgeries in the United States, according to the American Joint Replacement Registry? With such a large number of surgeries, the potential for malpractice and faulty joint replacements is not insignificant. This is where an orthopedic negligence attorney comes into play.

In faulty joint replacement lawsuit

Initiating the lawsuit

When a patient suspects a faulty joint replacement, the first step is to consult an orthopedic negligence attorney. For example, consider a patient who had a knee replacement surgery and started experiencing pain and mobility issues within a few years, much earlier than the expected 15 – 20 – year lifespan of the device. Pro Tip: As soon as you notice abnormal symptoms post – surgery, start documenting them in detail, including the date, time, and nature of the symptoms. An attorney can review the case, assess if there is a valid claim, and guide the patient through the legal process of filing a lawsuit. The attorney will also explain the legal rights of the patient, such as the right to compensation for medical expenses, pain and suffering, and loss of income.

Identifying the type of defect

There are various types of defects that can occur in joint replacement devices. A defective medical device attorney will need to prove if the device suffered from a design defect, manufacturing defect, or a labeling defect. A design defect means the device was flawed from the start, while a manufacturing defect occurs during the production process. A labeling defect could involve incorrect instructions or insufficient warnings. For instance, a study might show that a particular hip implant design has a higher – than – average failure rate (SEMrush 2023 Study). The attorney will work with medical and scientific experts to identify the specific type of defect in the patient’s case. As recommended by legal research tools, a thorough examination of the device, if possible, and relevant medical records is crucial.

Collecting evidence

To build a strong case in a faulty joint replacement lawsuit, an orthopedic negligence attorney needs to collect substantial evidence. This includes medical records, surgical reports, imaging studies, and any communication between the patient and the medical staff. For example, in a case where a patient claims pain due to a defective knee implant, the attorney can obtain records of follow – up visits, where the patient reported pain, and the doctor’s responses. Pro Tip: Keep all receipts related to post – surgery treatments and medications, as these can be used as evidence for financial losses. The attorney may also interview witnesses, such as nurses or other medical professionals involved in the surgery. Additionally, they can consult with medical experts to get an opinion on whether the joint replacement was faulty and if the patient’s symptoms are related to the defect.
Key Takeaways:

An orthopedic negligence attorney is essential in faulty joint replacement lawsuits.
The attorney initiates the lawsuit, guides the patient through the legal process, and explains their rights.
Identifying the type of defect in the joint replacement device requires the help of medical and scientific experts.
Evidence collection includes medical records, witness interviews, and expert opinions.
Try our legal case evaluation tool to see if you have a valid faulty joint replacement claim.

FAQ

What is an orthopedic negligence attorney?

An orthopedic negligence attorney specializes in cases related to orthopedic surgery malpractice, such as faulty joint replacements and surgical screw errors. They help patients navigate the legal process, assess claims, and fight for compensation. Detailed in our [Role of orthopedic negligence attorney] analysis, these attorneys work with medical experts to build strong cases.

How to determine eligibility for a faulty joint replacement lawsuit?

According to industry standards, if a knee or hip replacement device fails to last the typical 15 – 20 years and causes pain or injury, a plaintiff may be eligible. Keep all medical records, like surgical reports and post – operative check – up results. This evidence helps establish the case, as detailed in our [Filing process – Determine eligibility] section.

Steps for hiring an orthopedic negligence attorney

First, research attorneys with experience in orthopedic malpractice. Check reviews and case results. Then, schedule consultations to discuss your case. An experienced attorney can guide you through the legal process and explain your rights, as mentioned in our [Role of orthopedic negligence attorney] analysis.

Faulty joint replacement lawsuit vs surgical screw error suit

Unlike a surgical screw error suit that typically focuses on a specific surgical mistake, a faulty joint replacement lawsuit may involve design, manufacturing, or labeling defects of the device. Both require evidence collection and expert opinions, but the nature of the claim and the elements to prove vary. Detailed in our respective sections for each type of lawsuit.