Atlanta Orthopedic Malpractice Lawyers

What Is Orthopedic Malpractice?

Orthopedic malpractice occurs when an orthopedic doctor or surgeon provides substandard care that causes injury to the patient. Orthopedic specialists diagnose and treat issues involving bones, joints, ligaments, and muscles – everything from setting fractures and repairing torn tendons to performing joint replacements and spinal surgeries. With such critical responsibilities, a mistake or oversight can have life-changing consequences. In Georgia (as in other states), doctors must follow an established “standard of care.” This means a reasonably skilled orthopedic physician would not have made the same errors under similar circumstances. When a provider deviates from that standard and a patient is harmed as a result, it may constitute medical negligence. In other words, a bad outcome alone isn’t malpractice, but avoidable errors that competent doctors wouldn’t make are.

Unfortunately, orthopedic malpractice is more common than many realize. Orthopedics consistently ranks among the top specialties for malpractice claims. Nearly half of all orthopedic surgeons will face a malpractice lawsuit in their career – one recent analysis found around 80% of hip and knee replacement specialists have been sued by the end of their practice years. This high rate is partly because orthopedists perform millions of procedures each year, so even a tiny percentage of mistakes can affect many patients. But it’s also due to the serious nature of orthopedic errors: when something goes wrong in surgery or diagnosis, the patient can be left in worse condition than before they sought care.

Common Causes of Orthopedic Malpractice

Orthopedic malpractice cases usually stem from preventable errors during treatment. Some of the most common causes and scenarios include:

• Surgical mistakes – Errors during orthopedic surgery are a leading cause of malpractice. Examples include operating on the wrong site (or wrong limb), improper placement of screws, plates, or implants, excessive tourniquet pressure causing nerve damage, or other medical negligence in orthopaedic surgery procedures. Even a seemingly routine joint operation can turn dangerous if the surgeon is careless.
• Joint replacement errors – Medical malpractice during knee replacement surgery or hip replacement surgery can be catastrophic. If a surgeon uses the wrong size implant, misaligns the prosthetic joint, or fails to recognize post-operative complications, the patient may end up with severe pain, instability, or require additional surgeries to fix the mistake.
• Missed fractures or misdiagnoses – An orthopedic doctor’s failure to diagnose a broken bone, torn ligament, or other injury can allow the condition to worsen. For instance, missing a fracture on an X-ray or attributing serious symptoms to “just a sprain” may lead to improper treatment and long-term damage. These diagnostic errors often involve radiology malpractice as well, if a radiologist misreads an image.
• Post-operative negligence – The duty of care doesn’t end when surgery does. Failing to provide proper follow-up and monitoring can cause significant harm. Common examples include not controlling bleeding, not addressing circulation issues in a casted limb (leading to compartment syndrome), or not preventing infection. Orthopedic surgery patients need careful post-op instructions and observation. When a doctor or hospital staff neglects these responsibilities, serious complications like unchecked infections or blood clots can occur.
• Inadequate sterilization or infection control – Orthopedic procedures often involve hardware (pins, rods, artificial joints) implanted into the body. If an operating room isn’t sterile or antibiotics aren’t given when needed, patients can develop severe infections in bones or joints. Untreated post-surgical infections can lead to permanent joint damage, sepsis, or even amputation. Such outcomes are usually preventable with proper care, so infection-related failures may point to orthopaedic medical negligence.
• Lack of informed consent – Sometimes the issue is not what the doctor did, but what they failed to tell the patient. Orthopedic surgeons should explain the risks, alternatives, and recovery expectations for procedures like surgeries. If a doctor rushes a patient into surgery without discussing less invasive options or doesn’t warn of potential complications, it could be a basis for a malpractice claim, especially if an undisclosed risk materializes and injures the patient.

Signs of Orthopedic Malpractice and Patient Impact

How do you know if your poor outcome was malpractice or just an unfortunate complication? It’s not always obvious, but there are some signs of potential orthopedic malpractice to watch for. One red flag is an outcome that is dramatically worse than expected. While no surgery is risk-free, you shouldn’t come out of a routine procedure with new severe problems that standard care could have avoided. For example, extreme pain, numbness, or paralysis after an orthopedic surgery may indicate a nerve was damaged or a surgical error occurred. If a joint replacement fails only months after surgery or a fracture doesn’t heal because it was set improperly, these are not typical outcomes – they suggest something was done incorrectly.

Another warning sign is when other medical professionals hint (or outright say) that your doctor made a mistake. If you seek a second opinion and the new orthopedic specialist is shocked at the condition of a repair or notes that something obvious was overlooked (like an infection or misaligned hardware), it’s a strong indicator of negligence. Communication from the original provider can also be telling: a lack of clear explanation, evasion, or an attempt to downplay serious complications might mean they know they messed up.

The consequences of orthopedic malpractice for patients are serious. Instead of healing and getting back to normal life, victims may suffer prolonged or permanent pain, reduced mobility, or disabilities. Some need additional surgeries – revision surgeries – to correct the damage done by the first procedure, resulting in more medical bills and recovery time. In infections or other severe cases, patients could face limb amputation or systemic illness. Tragically, some orthopedic errors even result in loss of life; in those cases, the family may pursue a wrongful death claim on behalf of their loved one. Beyond the physical harm, patients often feel betrayed and anxious about seeking medical care again. That emotional toll is very real, and it’s one reason why pursuing a malpractice claim is not just about compensation – it’s also about accountability and hopefully preventing the same mistake from hurting someone else.

Legal Considerations in Orthopedic Malpractice Cases

Orthopedic malpractice claims are among the more complex personal injury cases, so understanding the legal requirements is important. To succeed in a malpractice claim, the injured patient (plaintiff) must prove several key elements:

• Duty: The orthopedic doctor or surgeon had a professional duty to care for the patient. This is usually straightforward – whenever a doctor-patient relationship exists, duty is established.
• Breach of duty: The provider failed to meet the standard of care. Here’s where those mistakes and errors come in – you need to show that the surgeon acted (or failed to act) in a way that a competent orthopedic professional would not have. This often requires a medical expert to review the records and testify that the care was subpar.
• Causation: It’s not enough to prove the doctor messed up; that negligence must be directly linked to the injury. In orthopedic surgery malpractice cases, causation can sometimes be contested – for instance, a defense might argue that an infection was a known risk and not caused by negligence. Your attorney will work with experts to draw a clear line from the error to the harm you suffered.
• Damages: The patient must have suffered damages (losses) as a result – these can be physical injuries, pain and suffering, additional medical bills, lost wages, and so on. If there’s negligence but luckily no harm was done, there’s no viable claim. But in most malpractice situations, harm is evident given the nature of the mistake.

Proving these elements typically requires strong evidence and expert support. An experienced orthopedic malpractice attorney will gather all relevant medical records, surgery reports, and even hospital policies to build the case. We work with qualified orthopedic experts who can review what happened and provide independent opinions. These experts play a critical role in medical negligence orthopaedic surgery claims – they help establish how the care fell short and confirm that the injury is a direct result of that substandard care. In Georgia, state law even requires an affidavit from a medical expert at the time of filing the lawsuit, certifying that the claim has merit.

It’s also important to consider the statute of limitations and other time limits. In Georgia, most medical malpractice cases (including orthopedic cases) must be filed within two years from the date the injury occurred or was discovered. There is also a hard deadline (statute of repose) of five years from the date of the negligent act, after which a claim usually cannot be filed, regardless of when you discovered the issue. There are some exceptions (for example, if a foreign object was left in the body, or in cases involving minors), but the bottom line is that you should act promptly. Missing the deadline means losing your chance to recover anything. This is one reason it’s wise to consult a lawyer as soon as you suspect malpractice – it takes time to investigate and prepare a strong case, and you don’t want to run out the clock.

Most orthopedic malpractice cases never actually reach a courtroom trial – they often resolve through settlement if liability becomes clear. However, it’s crucial to approach the case from day one as if it will go to trial. Our legal team prepares meticulously, gathering evidence and consulting experts, so that the defense knows we mean business. This thorough approach often pushes the other side to offer a fair settlement rather than risk losing in front of a jury. But if a reasonable settlement isn’t offered, we are fully prepared to advocate for you in court. As Atlanta orthopedic malpractice lawyers, we have extensive litigation experience in this field and won’t hesitate to take a case to trial when it’s in our client’s best interest.

Why You Need a Specialized Orthopedic Malpractice Lawyer

Medical malpractice cases are very different from a typical car accident or slip-and-fall. They involve dense medical records, complex expert testimony, and powerful hospital insurance companies defending the doctors. That’s why you need an attorney who specializes in this area. Working with an Atlanta orthopedic malpractice lawyer who has deep experience in medical negligence will give you the best chance of success. At our firm, we don’t dabble in a dozen areas of law or handle general personal injury cases on the side – helping victims of medical malpractice is all we do, every day. This focus matters. It means when we take on an orthopedic malpractice case, you get a legal team that already knows the medicine, the law, and the common tactics the defense will use.

If you’re considering hiring an orthopedic malpractice attorney, it’s smart to vet their experience. You might ask questions like:

• How many orthopedic malpractice cases (and other medical malpractice claims) has the lawyer handled in the past year?
• Does the attorney dedicate their practice exclusively to medical malpractice, or just occasionally take these cases?
• Can they point to results in cases similar to yours, or provide client testimonials from past malpractice clients?
• Are they based in Georgia with knowledge of local hospitals, courts, and medical experts?

The answers matter. Very few firms can honestly say “yes” to all of the above. At Davis Adams, we can. We are a small, highly specialized team with a proven track record in Georgia malpractice cases. Our attorneys have successfully resolved cases involving surgical errors, misdiagnoses, infection complications and more, recovering substantial compensation for our clients. In fact, you can read about some of our record-setting verdicts and settlements on the firm’s Case Results page. We’re also proud that many of our past clients have shared their positive experiences on our Client Reviews page. Choosing the right lawyer could be one of the most important decisions you make in the aftermath of medical injury. You deserve to have an advocate who understands exactly what you’re up against and has the skills (and results) to back it up.

Talk to an Experienced Attorney – Free Consultation

Dealing with the aftermath of an orthopedic malpractice injury is overwhelming – but you don’t have to face it alone. Our experienced Atlanta orthopedic malpractice lawyers are here to listen to your story, explain your rights, and fight for the justice you deserve. We invite you to contact us for a free, no-obligation consultation to discuss your situation. There’s no upfront cost, and we only get paid if we win your case. That means you can get clear answers and legal help without any added financial stress. Don’t wait to seek advice, as time limits do apply to these cases and important evidence can fade or be lost. We’re ready to help you evaluate your options and take action. Let us put our experience and dedication to work for you so you can focus on healing while we handle the legal burden.