Saturday, December 16, 2023

Philadelphia Bar Association

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Tuesday, December 12, 2023

Lawsuits & Medicine

Orthopedic doctors, like any other medical professionals, are not immune to making mistakes or encountering bad outcomes. And it isn't always disclosed to patients when entering a teaching hospital that you may not be operated on by the surgeon that you signed up with but may have an intern practicing on you as if you are a guinea pig or a basic  lab rat. 

iSo its  important to understand that having a mediocre or bad outcome does not automatically warrant a lawsuit for malpractice. The legal standard for medical malpractice requires more than just an unfavorable result. You have to prove that care received was below the standard of care.

To successfully sue an orthopedic doctor for malpractice, one must prove that the doctor deviated from the accepted standard of care. This means that their actions or decisions were significantly below what a reasonable orthopedic doctor would have done in similar circumstances. Mere dissatisfaction with the outcome is not enough to establish malpractice.

Furthermore, it is crucial to consider that orthopedic procedures can be complex and involve inherent risks. Complications and unforeseen challenges can arise, even when the doctor has acted competently and diligently. It is essential to have realistic expectations and understand that not every outcome can be perfect. Many patients are unaware of their rights as patients.  It is best never to go it alone; always bring a friend or loved one with you to all doctor appointments.  

In conclusion, while it is understandable to feel frustrated or disappointed with a mediocre or bad outcome from orthopedic treatment, it is not always grounds for a malpractice lawsuit. It is important to consult with legal experts and thoroughly evaluate the circumstances before pursuing legal action.

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