Virginia Orthopedic Error Attorneys

Did Your Orthopedic Doctor Cause Harm? We Can Help You Get Answers.

Orthopedic surgeons treat problems with the bones and joints. They perform complex surgical procedures and often work with others to fix patients’ complaints. Unfortunately, they also make mistakes. In fact, a recent one-year study by the Journal of the American Academy of Orthopaedic Surgeons discovered 1,147 adverse events that happened to patients during orthopedic care.

Obenshain Law Group is here to help you, or your loved one, shoulder the devastating impact of orthopedic negligence. Our orthopedic injury attorneys seek to hold negligent providers accountable through pursuing compensation on behalf of patients who suffer from undue harm.

Have you suffered because of an orthopedic error? Contact our knowledgeable medical negligence lawyers in Harrisonburg at (540) 318-7360 to learn what we can do for you.

Mistreated Orthopedic Injuries & Osteomyelitis

A broken bone is a straightforward injury to diagnose. Generally, healthcare providers can identify a broken or fractured bone by examining physical signs, a patient’s report of what happened, and any imaging tests, like X-rays. Immediate treatment from an orthopedist is often necessary with a broken or fractured bone. If the break is clean, a patient may only need to wear a cast for a period of time so their bones can heal. However, in some instances, an orthopedic surgeon must re-position the broken bones.

A bone breaks for a reason, whether from a car accident impact or an especially bad fall down a flight of stairs. In some instances, a healthcare provider must decide what caused the break.

Orthopedic Misdiagnosis & Overtreatment

Given the effects of time on the healing process, an accurate and prompt diagnosis are both necessary.

The first step to diagnosing a broken bone is having the proper medical equipment to do so. Scans, like traditional X-rays, can't see through the muscle and skin to detect internal injuries. Radiologists and orthopedists now employ computed tomography (CT) scans or magnetic resonance imaging (MRI) to diagnose broken bones, tears, and other orthopedic injuries more accurately.

Whether a patient’s report of back pain, for example, leads to more imaging depends on a healthcare provider. In some instances, an obvious orthopedic injury may not provoke an immediate order for an X-ray or CT scan. As a result, some people diagnosed with orthopedic injuries later suffer complications.

Early diagnosis can minimize complications, so an orthopedic miss is a concerning error.

An orthopedic misdiagnosis is also troubling given healthcare providers often treat misdiagnoses incorrectly as well.

If an orthopedist incorrectly diagnoses an innocuous fracture as a complicated break, an inappropriate absence from work or school, coupled with bracing, is not an issue. However, an overreaction to the compression fracture, for example, could provoke reasonably dangerous treatments like:

• Surgery
• Fusion
• Previous treatment options

These serious procedures and treatments are typically expensive and not without several inherent risks. Therefore, a patient treated for the wrong orthopedic condition unnecessarily goes through a serious ordeal and recovery, for example, physical therapy, missed work, and exposure to medical mistakes for no good reason. If a healthcare provider is lucky, the most physically damaging aspect of the diagnostic mistake might be ongoing pain.

Surgery Errors: Ankle Replacements, Double Transplants & Foot Surgery

Some orthopedic injuries and musculoskeletal conditions apparently only heal with surgery. However, when it comes to repairing broken bones or ankle damage, physical therapists and their patients always like to try going without the knife at first.

Therefore, an accurate diagnosis is essential. Surgery is never foolproof, but if it's required, the condition better be as clear-cut as possible.

Even if surgery goes well, infections following surgery are still possible. Proper procedures to prevent post-surgery infections include following proper surgical prep protocols. Appropriate hygiene by the surgeon is significant. But also the facility must use uncontaminated instruments and proper facility cleaning techniques must be in place. A common, yet serious, infection post-foot surgery is called osteomyelitis.

If you or a family member is undergoing ongoing treatment and follow-up regarding a suspected orthopedic error, immediately demand your medical provider for any tips that foul up on an x-ray or after a procedure. In many cases, asking a question at the right time can save a life or keep an orthopedic miss from turning into a disaster.

How Do I Know If My Joint Replacement Was Done Incorrectly?

Recognizing if a joint replacement was done incorrectly can be crucial for your health and legal rights. Some common signs indicating potential issues include the following:

• Continuous or worsening pain
• Diminished or restricted mobility
• Unusual swelling or inflammation in the joint area

These signs could point to an infection, poor alignment, or other post-operative problems.

It's vital to seek a thorough medical evaluation if you experience any of these signs. A healthcare provider can perform imaging tests, such as X-rays or MRIs, to assess the condition of the joint replacement. Their medical insight is invaluable in determining whether the procedure was executed correctly.

Legally speaking, it is imperative to speak with a lawyer who is well-versed in orthopedic errors if medical negligence is suspected. They can assist in reviewing medical records, speaking with specialists in the field, and determining whether your procedure violated any standards of care. Our knowledgeable Virginia orthpedic error attorneys at Obenshain Law Group can help you with the filing process so you can perhaps get paid for further medical costs, pain and suffering, and other relevant damages. Keep in mind that there are statutes of limitations that apply to medical negligence lawsuits involving joint replacements, so timing is everything.

What Are the Common Orthopedic Errors in Joint Replacement Surgeries?

Orthopedic errors in joint replacement surgeries can lead to significant complications and may require legal intervention. Common errors include:

• Improper alignment of the joint implant: This can cause pain and limit mobility. Infection is another serious issue that can occur if sterile conditions are not maintained during surgery. 
• Nerve damage: Often resulting from surgical error, can lead to prolonged pain or loss of function. 
• Use of defective implants: This may result in premature failure of the joint replacement.

If you suspect an error in your joint replacement surgery, it's crucial to undergo a thorough medical evaluation. This can help identify the specific issue and determine if the standard of care was breached. Consulting with an joint replacement attorney experienced in orthopedic errors is advisable if you believe malpractice occurred. They can review your medical records, consult with experts, and guide you through the legal process to seek compensation.

Virginia Orthopedic Medical Malpractice

Medical malpractice is a particular type of personal injury case whereby the defendant's negligence causes an injury to the patient. This is true for orthopedic surgeons as well; if their negligence causes an injury to their patient, the patient may have a medical malpractice case. There are typically several ways for orthopedic negligence to arise, and when it does, Obenshain Law Group is here to assist.

Contact our office if you have suffered an undue injury because of the care you received from an orthopedic doctor. We may be able to help you obtain full and fair compensation.

You Are Entitled to Answers and Accountability

If you or a loved one sustained any level of hip, knee, ankle, or back-related damage caused by substandard orthopedic care, we encourage you not to let the practice of medicine overwhelm you with despair. Holding negligent providers accountable is crucial to moving on, and sometimes, towards justice.

Depending on your unique case, we may be able to settle with your healthcare provider’s insurance company. We can also file a lawsuit. The key is that, no matter how daunting your circumstances may seem, you have options for your unexpected medical bills and overall losses. Through a conversation with our team, we can give you a solid understanding of the best path forward based on your case. Either way, those who have suffered from an orthopedic error physical condition may be able to collect these damages:

• Emergency Medical Bills
• Hospitalization
• Future Care and Treatments
• Lost Wages
• Rehabilitation and Physical Therapy
• Medications and Medical Supplies
• Past Medical Bills
• Pain and Suffering
• Changes to Overall Quality of Life

Failed Orthopedic Surgery

Recovering from orthopedic surgery can be a complicated path, especially when the surgery fails to alleviate the symptoms for which the procedure was undertaken in the first place. In many cases, orthopedic surgery can be extremely costly, resulting in a significant investment in improving the function or overall quality of life for an individual.

When this occurs, those who have suffered from failed orthopedic surgery could experience ongoing pain, infections, nerve damage, and a host of other physical discomforts. In situations similar to this, surgery may not be a feasible option or necessary. The good news, too, is that many orthopedic errors that bring a patient personal tragedy resulted directly from avoidable surgical mistakes.

If you, your loved one, or another person you know from the Shenandoah Valley region continue to suffer an ongoing debilitating physical injury because of an orthopedic error, we highly encourage you to reach out to our knowledgeable orthopedic surgeons, and orthopedic injuries attorneys in Harrisonburg. We may be able to get you answers regarding your ongoing pain with relating to an orthopedic error. Obenshain handles catastrophic physical injuries for orthopedic errors resulting from:

• Sports medicine - Simulation techniques utilized by the orthopedic surgeon, and a host of other personal injury law considerations when it comes to orthopedic mistakes.
• Adult reconstructive surgery - This complex form of orthopedic care is designed to alleviate ongoing physical discomfort and often relies heavily on implant hardware like screws and tacks.
• Hand surgery - Operating on the human hand is one of the most complex forms of ongoing orthopedic medical care. A hand surgeon is expected to make highly precise incisions to avoid major hand tendons and ligaments. Unfortunately, these surgeons sometimes fail to meet the professional standard of care
• Spinal surgery - A failed back surgery and other failed orthopedic conditions can keep you away from work for an unpredictable length of time. Back surgery malpractice symptoms can stem from an orthopedic miss that occurs during any of the four phases that compose general back surgery - diskectomy, laminectomy, fusion, or spinal fusion.

Understanding the complexity of this area of medicine is essential in how Orthopedic error claims are managed. In many cases, orthopedic medical malpractice is the result of an orthopedic miss, either during the imaging and diagnosis stage of care or during the surgical and hospitalization phase of care. Either way, individuals who suffer from a degraded quality of life resulting from an undue orthopedic medical condition may be rightfully owed compensation for their ongoing managed care expenses.

Unlike many other types of medical malpractice, orthopedic care must account for the complex makeup of the human musculoskeletal system. Within this personal injury law area of practice, some personal injury law firms may approach orthopedic surgery and injury medical malpractice with more hesitation than other cases. Not Obenshain Law Group. We provide vigorous, results-oriented advocacy to help clients recover the compensation they deserve.

A successful civil claim must prove that:

• An orthopedist-patient relationship existed and was ongoing;
• Your orthopedic surgeon was negligent, defined as making an error during surgery beyond what an orthopedic surgeon would consider reasonable in a similar situation;
• Your orthopedic surgeon's negligence directly caused your ongoing disability; and
• You incurred one or more forms of recoverable damages because of your undue orthopedic injury, including past and future medical expenses, lost wages and benefits, rehabilitation and physical therapy not covered by insurance, prescription medications, and supplies, household modifications, pain, and suffering, and more.

Our Harrisonburg orthopedic injury attorneys can initiate the investigation process promptly to gather needed evidence to establish negligence, including:

• Collecting relevant medical and surgical records, including imaging before and after surgery, as well as written instructions before and after fully completing the procedure, a patient must follow.
• Ordering copies of the surgeon's post-surgical appointment reports, where necessary.
• Supporting negotiations with insurance companies because such entities will do everything possible to pay as little as possible for the orthopedic medical mistake. This includes discounts and structured settlements that do not fully account for the true nature of a patient's ongoing injuries, costs, and related losses.
• If appropriate under the circumstances, preparing settlement demands.
• Or in worst-case scenarios given no room to negotiate, preparing a Harrisonburg orthopedic error case for jury.

Call the OLG Legal Team You Can Trust

No matter what your clinical signs or feelings, our obgyn injury attorneys want to hear from you if you have suffered any significant orthopedic injury. Remember that healthcare providers' negligence is not always clear-cut.

Orthopedists sometimes make reasonable but incorrect diagnoses that harm their patients. Surgical mistakes happen as well. If you have questions about your healthcare provider's actions harming a specific diagnosis, you are encouraged to obgynpatientinjurycenter.com to learn your rights. We will answer your questions during a no-cost case review.

Call an experienced obgyn medical malpractice attorney in Harrisonburg at (540) 318-7360 or go to our online contact form to learn more.