|Gorovitz & Borten, P.C.
Attorneys at Law
550 Cochituate Road, Suite 25
Tel: (781) 890-9095
Every surgery carries risks, even those performed routinely like orthopedic
surgery. Some surgical complications are unavoidable, but some are the result
of a surgeon’s negligence. If a surgeon is negligent in the performance of an
orthopedic surgery and patient injury results, he or she may be held liable for
medical malpractice. The resulting injury must be separate and distinct from the
damages or complications a patient would have suffered in any event as a result
of the surgery, regardless of the proper adherence to the standard of care by
the providing orthopedic surgeon.
An orthopedic error is defined as: “Anything that has happened anywhere in an
orthopedic practice (office, hospital, operating room, emergency room, etc.) that
was not anticipated and should not have happened.” Preventable is the term
used for an error that should never have happened. Damages from an
orthopedic error can affect a patient’s bones, joints, ligaments, muscles and
nerves. Orthopedic surgeons are responsible for properly diagnosing and
treating injuries to the musculoskeletal system.
Negligence incurred by an orthopedic surgeon may include:
• Surgical errors (hip replacement, knee replacement, spinal fusion);
• Misdiagnosis such as misreading an image missing an obvious fracture
that goes untreated with lasting consequences as a result of the delayed
• Failure to monitor postoperatively conditions such as postoperative
bleeding, clot formation or the development of compartment syndrome.
Compartment syndrome is among the most serious of orthopedic injuries which
can lead to loss of function or even amputation of the affected limb. Additionally,
most common reported orthopedic errors are:
• Wrong site surgery;
• Medication errors;
• Implant errors;
• Equipment related errors;
• Communication errors;
• Failure to order appropriate tests;
• Misreading a diagnostic test;
• Improperly casting a fracture; and
• Surgical errors (muscular, nerve and/or vascular damage).
Orthopedic procedures that lend themselves to be prone to errors include:
• Joint replacement (hip, knee, shoulder);
• Spine surgery;
• Neck fusion;
• Arthroscopic surgery;
• Fracture care;
• Podiatric surgery; and
• Sport medicine.
Usually, orthopedic surgery is performed by a team of physicians, nurses and
physician’s assistants (extended providers). Any preventable or avoidable injury
attributed to any member of the team may support a cause of action against the
entire medical team. Improper orthopedic care can lead to amputation of the
injured limb or even death.
If you believe that you or your loved one have been injured as a result of an
orthopedic error that was diagnosable, avoidable and/or preventable, you may
have a valid cause of action. The injury may be the result of a medical provider's
mistake in handling your orthopedic condition and the result of medical
negligence. Dr. Borten is an experienced trial attorney and also has over 35
years of experience as a physician / surgeon to fully evaluate the merits of your
potential case. Allow the medical malpractice attorneys at Gorovitz & Borten help
you assert your rights and get the compensation you deserve.
For a free confidential consultation and receive a response within 24 hours
(when possible), please contact us by phone, fax or e-mail with your question or
Telephone: 781-890-9095 - Fax: 781-890-9098
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