Athletes are more at risk for certain types of injuries to muscles, ligaments, and joints because of the nature of their sports. Orthopedic surgeons are often tasked with repairing those types of athletic injuries. Unfortunately, doctors don’t always perform these surgeries within the requisite standard of care, and as a result, injuries may occur. New York orthopedic malpractice lawsuits arise out of the perception of malpractice, as do malpractice claims in other states. For instance, a recent lawsuit, case number 1:17-cv-00532, in the U.S. District Court for the District of Rhode Island was filed by a college lacrosse player who allegedly suffered long-term knee damage because of a botched surgical procedure.
The patient’s lawsuit against her orthopedic surgeon alleged that she experienced injuries after an operation on her knee. The damages include continued injuries and pain; although a specific amount of damages is not stated, the complaint states that the damages exceed $75,000.
The plaintiff was a member of a women’s Division I lacrosse team. She suffered a left knee injury while playing the sport and received care from the eventual defendant. The purpose of the procedure was to cure, relieve, and rehabilitate the plaintiff from the effects of her injuries. This did not occur, and in fact, her condition worsened, as the plaintiff alleged in the lawsuit. In addition to the orthopedic surgeon, the complaint names the medical clinic as a defendant as being vicariously liable for the surgeon’s malpractice under the doctrine of respondeat superior.
The complaint alleges that the orthopedic surgeon breached his duty of care to the plaintiff, and as a result, she suffered severe injuries that are permanent and that have required the expenditure of large sums of money to correct. The relationship between the orthopedic surgeon’s breach of his standard of care and the alleged injuries suffered by the plaintiff is known as proximate cause under medical malpractice law.
Although this case is still in the pre-trial stage of proceedings, the plaintiff has alleged, in her complaint, the elements required for a medical malpractice action: (i) a breach of the standard of care, and (ii) proximate causation. The plaintiff will need to offer evidence, in the form of expert witnesses or testimony, to prove both of these elements and keep her claim alive in the court system.
If you have suffered an injury due to orthopedic malpractice in Syracuse, Rochester, or the surrounding areas, our law firm may be able to help you recover damages. These may include medical bills, lost wages, and pain and suffering. Reach out to us by giving us a call at 315-479-9000 or contact us via our online form for an appointment if you believe an incident of medical malpractice has changed your life.
More Blog Posts:
Hudson Valley orthopedic surgeon faces multiple malpractice suits, Syracuse Personal Injury Blog, July 26, 2013
Three ways a patient can protect themselves from malpractice, Syracuse Personal Injury Blog, May 6, 2015
An ideal weekend for sports fans, Syracuse Personal Injury Blog, January 30, 2015