We expect doctors and other health care professionals to use the utmost care when providing treatment, particularly during an invasive procedure like orthopedic surgery. If doctors are not careful and they fail to uphold accepted medical standards and cause injuries to a patient, they might be held liable for medical malpractice. If you were a victim of orthopedic malpractice, you may be entitled to receive compensation for your injuries. Our medical malpractice attorneys at O’Connor, Acciani & Levy can help you throughout the legal process. Medical malpractice cases are difficult to handle without thorough knowledge of the various issues at play, from medical standards of care to putting a value on the damages you have suffered. Our Cincinnati orthopedic malpractice lawyers have detailed knowledge of the many aspects of these cases and how to build a strong case.
Contact us today for a free legal consultation and we will guide you through the process of filing a claim. Our services are provided on a contingency fee basis, which means that there are no upfront costs or service fees, you only pay us if we achieve a favorable verdict or settlement for your case.
Conditions Treated By Orthopedic Surgeons
Orthopedic doctors specialize in diseases, issues and injuries that involve the musculoskeletal system. This includes bones, muscles, joints, nerves and tendons. Orthopedic doctors use surgery as the last resort when physical therapy or medication no longer provide the patient relief for their pain and other symptoms.
Patients who seek orthopedic surgery often suffer from the following symptoms:
- Painful swelling or bruising around the location of injury that does not decrease
- Pain in tendons, muscles or joints that continues for more than a few days
- Limited range of motion, such as the inability to straighten an arm or leg
- Joint pain the becomes more intense at night
- Difficulty performing daily functions with that particular body part
- Signs of infection in the injured area such as inflammation, heat, fever, rash or redness
Common conditions orthopedic surgeons treat include the following:
- Knock knees
- Bone cancer
- Flat feet
- Tennis elbow
- Knee replacement
- Back surgery
- Bowlegged deformity
- Hip replacement
- Cerebral palsy
- Broken bones
- Torn meniscus
- Pelvis fracture
- Ganglion cyst
- Marfan syndrome
- Carpal tunnel syndrome
Orthopedic doctors have an obligation to properly diagnose, provide treatment, prevent further injury and rehabilitate the problematic area. If you believe doctors failed to fulfill their obligations and this caused you further damage or injury to your bone, you should contact a knowledgeable Cincinnati lawyer at O’Connor, Acciani & Levy for a free legal consultation.
Types Of Orthopedic Malpractice
In many cases, medical malpractice occurs during surgery, however, it can also occur before and after a surgery. Doctors have an obligation to foresee complications or be ready when a threatening situation emerges.
Some common examples of orthopedic malpractice include:
- Performing surgery on the wrong body part
- Improperly setting a broken bone
- Poor analysis and interpretation of MRIs, X-rays or CT scans
- Misdiagnosis or delaying a diagnosis
- Using the wrong size of an implant
- Leaving surgical tools, such as, gloves or sponges in the patient’s body
- Wrapping a cast too tightly, restricting blood flow to the area that was operated on
- Failing to recognize improper healing or infections after surgery
- Damaging other body parts around the surgical area
- Failing to respond to surgical complications
If you have experienced medical malpractice before, during or after an orthopedic medical procedure was performed, you may be entitled to receive compensation for your losses. Contact a Cincinnati orthopedic malpractice lawyer today to learn about your legal options.
Compensation Awarded For Orthopedic Malpractice
Medical bills are costly, particularly when complications and injuries arise after treatment for an orthopedic injury. If you have suffered injury because of medical malpractice, you should not be burdened with extra expenses. Our attorneys at O’Connor, Acciani & Levy want you to have the compensation you deserve to pay for all the treatment you need so you have a chance to make the fullest recovery possible.
Compensation for orthopedic medical malpractice may include:
- Past, current and future medical expenses
- Pain and suffering
- Cost of physical therapy
- Lost wages from inability to work
- Emotional suffering
- Loss of enjoyment of life
If you wish to file a claim for medical malpractice, it is crucial that you speak to an attorney right away as Ohio’s statute of limitations mandates that legal action must be pursued one year from the date of when the injury occurred.
Our attorneys advocate for your rights as a patient and believe that medical professionals should be held accountable for their mistakes. Our team has in-depth knowledge of medical regulations and understand how the law protects patients who have been injured due to negligence. Contact us today and we will get started on your case.
How To Build An Orthopedic Malpractice Case
Building a strong case against medical professionals can be very difficult. During your free consultation, our Cincinnati orthopedic malpractice attorneys can help determine if your case has the four elements needed to be successful:
Doctor-patient relationship – In order to prove that a doctor had a legal duty to uphold medical standards when providing care for a patient, the patient must be able to show that a doctor-patient relationship existed at the time the injury occurred. This relationship is established when you can prove:
- You chose to be treated by the doctor who allegedly caused your injury
- You approved of examinations for the purpose of treatment to help you deal with a certain health condition or medical problem
- You have documentation showing your treatment was ongoing
Medical records that keep track of the complete course of treatment can be extremely helpful in proving the existence of the doctor-patient relationship.
Duty of care – When a patient enters a clinic or hospital the doctor treating that patient has a duty to provide the level of care that any average physician would typically do in similar circumstances.
Breach of duty of care – A doctor who fails to uphold the duty of care for the situation may have committed medical malpractice. The duty of care may cover the doctor’s actions during surgery or even warning patients about possible dangers of a procedure or course of treatment.
Breach of duty resulted in injuries –Our attorneys can help find a direct link between your injury and the breached duty of care and collect evidence to try to disprove claims that your injuries are the result of something else.
Injuries resulted in damages – Our lawyers will also need to prove that your injuries affected you physically, financially or emotionally, by creating medical bills, leaving you unable to work, or cause physical or emotional pain or suffering.
If these four elements can be proven, or orthopedic malpractice attorneys in Cincinnati may be able to obtain compensation for the losses you have suffered. We can handle the investigation of your case and all other aspects while you focus on your recovery.
Contact A Qualified Cincinnati Orthopedic Malpractice Attorney
Dealing with medical malpractice can be devastating for your health and finances. Our Cincinnati orthopedic malpractice lawyers at O’Connor, Acciani & Levy want to help you go after compensation for the losses you have endured.
Schedule your free, legal consultation with us today and we will get started on your case right away. There is no risk to you in contacting us. We provide our services on a contingency fee basis, so there are no costs involved unless we are successful in obtaining favorable compensation for your case.