Any case involving medical negligence will have its own unique set of difficulties to overcome, and orthopedic malpractice is no exception. While courts do not purposely make it difficult for malpractice victims, they do require proof of negligence. If a simple accusation were enough to win a malpractice case, there would probably be a lot fewer doctors practicing in America.
Before undergoing an orthopedic procedure, a doctor must explain any risks associated with the treatment and get the patient's consent for the procedure. This serves two purposes: It informs the patient about anything that might go wrong, and it protects the health care provider because he or she disclosed the possible risks to the patient. Other basic duties of an orthopedic surgeon include making the right diagnosis and performing any procedures in compliance with the standards of care.
If the orthopedist fails in any of the duties, it could be a case of orthopedic malpractice. When it comes to proving malpractice, it can indeed be difficult. Courts must look at the case objectively and make a decision based on the available evidence. In other words, you must be able to show how the surgeon caused you harm or injury.
Because of the difficulties involved in proving negligence, most Massachusetts victims benefit from engaging a malpractice attorney when making a claim. In addition to providing advice about litigating and negotiating an orthopedic malpractice claim, a lawyer can help victims gather evidence that supports their allegations. By preparing for the legal requirements surrounding medical negligence claims, victims of malpractice can reduce or eliminate many of the difficulties associated with obtaining a successful outcome.
Source: FindLaw, "When Can I Sue My Orthopedic Surgeon?," Christopher Coble, accessed April 30, 2018