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Medical Errors In Orthopedics

Are You The Victim Of A Mistake Made By An Orthopedist?We Can Help You Prove That The Error Was Caused By Professional Negligence.

orthopedic malpracticeEvery surgery has its risks. But patients who undergo orthopedic surgery face a unique set of dangers. If your orthopedic procedure made your condition worse instead of better—or if you had complications—you may be the victim of medical malpractice. The lawyers at De Caro & Kaplen, LLP have over 40 years of experience and a history of achieving favorable results for people hurt by orthopedic mistakes. We can help you, too.

Common Orthopedic Errors

An orthopedic surgeon is a physician who specializes in the diagnosis and treatment of conditions related to the muscles, bones, tendons, and ligaments. Some orthopedic surgeons focus in a particular sub-specialty, such as spine surgery, elbows, shoulders, sports medicine, or fracture care.

Since orthopedic surgeons deal with the mechanics of the human body—all the parts that help us stay mobile and active—any errors they make and injuries they cause can have grave consequences. In our experience, we’ve found the following to be common causes of malpractice claims:

  • Failure to diagnose fractures
  • Improper treatment of fractures
  • Improper placement of screws, pins, and other internal devices when repairing fractures
  • Failure to diagnose nerve impingement
  • Failing to properly read an X-ray, CT scans, or MRI study
  • Improperly setting a broken bone
  • Operating on the wrong part of the body
  • Leaving surgical instruments, sponges, or towels in the patient
  • Failure to recognize post-surgical infections or other problems
  • Applying a cast too tightly, causing compartment syndrome
  • Failing to treat with antibiotics to prevent a surgical infection

Actual Cases Our Firm Has Handled

Case Spotlight: In one case handled by the orthopedic malpractice attorneys at De Caro & Kaplen, LLP, an investigation discovered that nerve damage and permanent injury sustained by a client were the result of a cast placed too tightly on his leg by an orthopedic surgeon during a fracture repair.


Case Spotlight: In another case, the failure of the orthopedic surgeon to properly clean the wound and give our client antibiotics before placing him in a cast resulted in gangrene and the tragic loss of the patient’s leg. Our review of the hospital records and consults with experts revealed the wound was dirty. It required antibiotic treatment prior to surgery and the placement of a cast to prevent infection from developing.


Case Spotlight: We have also handled cases where surgical screws were improperly positioned. Despite the patient’s complaints, no further investigation was undertaken by the bone surgeon. This caused the patient to suffer needless damage to nerve tissue, excruciating pain, and permanent disability.

Is It Really a Case of Medical Malpractice?

Even if your orthopedic surgeon made an error in treating your condition, your attorney must be able to prove that:

  • The surgeon deviated from accepted standards of care used by similarly trained medical professionals.
  • The surgeon’s carelessness directly caused you unnecessary harm.
  • The resulting injury has had a significant and negative effect on your life.

Medical malpractice is the most complex of all personal injury lawsuits, and there are unique hurdles to overcome in the state of New York. That’s why it’s so important to find an attorney with solid experience in these types of claims. At De Caro & Kaplen, LLP, our attorneys understand what it takes to build a case that clearly demonstrates medical negligence has occurred. Just as important, they know how to draw a complete picture of the losses you've suffered—physical, emotional, and financial. Our goal is to make you whole again, so you can focus on your recovery—not your mounting bills.

Seek Legal Advice as Soon as Possible

Doctors’ insurance companies have attorneys working hard to minimize their payouts. You need a lawyer who will work just as hard to maximize your compensation. If you’re the victim of an orthopedic error, our experienced attorneys, Shana De Caro & Michael Kaplen, can help you secure all the damages to which you may be entitled.

Contact our firm today.

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Our Firm

shana de caro & michael v. kaplen
Partners Shana De Caro and Michael Kaplen each have spent over 40 years in the area of medical malpractice litigation.
Michael is board-certified* in the area of medical malpractice by the American Board of Professional Liability Attorneys and serves on their board of directors.
Michael has taught courses in medical malpractice as well as trial practice techniques at St. John’s University School of Law.
Shana and Michael have been invited to lecture at hospitals and to patient groups about medical malpractice issues. Both have served as members of the New York State Supreme Court medical malpractice review panels.

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