Orthopedic malpractice cases are complicated and mostly it consists of technical elements. These cases can be highly challenging even for a seasoned solicitor. This is when orthopedic expert witnesses are called upon by the attorney to understand these complex elements. Though the medical malpractice laws and the process of filing a claim are different for a different state, there are procedures that most of the states have in common. This article will guide you and help you understand when you should file an orthopedic malpractice claim.
When does medical malpractice occur?
Medical malpractice can take place if the doctor fails to owe the duty of care to the patient and when the medical treatment has been below the standard level of care. Now the million- dollar question is- ‘Will another doctor of the same credibility has provided the same kind of treatment under the same situations or circumstances’? If the answer is yes, then there cannot be a malpractice case. But if the answer is NO, then it means that there has been a substandard treatment provide to you. However, you simply cannot file a lawsuit based on your assumptions. Therefore, you should consult your attorney because they’ll discuss with an orthopedic expert witness to find out if there has been a case of medical malpractice. These experts will comprehend the entire scenario and will determine what another doctor of the same credibility would have done or prescribed.
You simply cannot file a lawsuit without understanding these complex matters. Also, if the allegations are false, you might have to pay penalties to the party against whom you’ve filed a lawsuit wrongfully. This is one of the reasons why you are advised to seek legal help from a professional.
How to prove that there has been a breach of standard of care?
In most cases, the breach of the standard of care is evaluated by an orthopedic expert witness. These expert witnesses should be trained and certified for providing testimony. Besides this, they have to be from the same background as the surgeon that treated you. Usually, the expert witness has to prove two essential grounds under this.
- How the treatment provided by the surgeon fell below the standard
- How have you got injured due to this fall of the standard?
Examples of Malpractice cases in orthopedic surgeries:
Before filing a lawsuit, you need to understand what constitutes a medical malpractice case. Below are a few of the examples of how there can be negligence on part of the surgeon while treating you.
- Mistakes regarding how much anesthesia is needed
- Not evaluating the previous medical history of the patient
- Administering wrong drugs
- Injuring patient while performing a surgery
- Cutting the wrong organ during surgery
These are some of the cases where a malpractice case might happen. Hence, it is mandatory to seek legal opinion and that of an expert witness before filing a lawsuit. If the case is of concern, the attorney and the expert witness will determine the next course of action.