Orthopedic surgery is meant to restore mobility, relieve pain, and help people get their lives back. But when something goes wrong during or after orthopedic care—especially when the harm was preventable—it can leave a patient worse off than before. At Hendrickson Law, we represent patients who’ve suffered avoidable injuries at the hands of orthopedic surgeons, hospitals, and surgical centers.
Not every complication is malpractice. But when an orthopedic provider fails to meet the standard of care and causes harm, that’s where legal accountability begins.
In this post, we break down the most common types of orthopedic malpractice, warning signs patients should watch for, and what to do if you suspect your surgical outcome isn’t what it should be.
Orthopedic malpractice occurs when a doctor or other provider specializing in bones, joints, or muscles deviates from the accepted standard of care, and the patient suffers significant injury or loss as a result. These cases are common in:
Joint replacement surgeries (hips, knees, shoulders)
Spinal procedures
Fracture treatment and hardware installation
Compartment syndrome diagnosis and treatment
Compartment syndrome is a surgical emergency. It occurs when swelling or bleeding within a closed muscle compartment increases pressure to dangerous levels, cutting off blood flow and nerve supply. If not treated quickly with a fasciotomy, it can lead to:
Permanent muscle and nerve damage
Amputation
Death
Red Flag: Severe pain out of proportion to the injury, especially following surgery or fracture repair.
Orthopedic surgery requires precision. A mistake in drilling, screwing, or implant placement can cause:
Nerve injury
Misalignment
Prosthetic dislocation or loosening
Need for early revision surgery
We often see cases where tools were misused, the anatomy was misidentified, or the surgical field wasn’t properly visualized.
Delays in treating serious fractures—especially of the hip, femur, or spine—can lead to complications such as:
Avascular necrosis (bone death)
Chronic pain or deformity
Neurologic deficits
In elderly patients, delay in hip fracture surgery is a well-known cause of increased morbidity and mortality.
Even if surgery is successful, poor post-op care can undo it:
Missed infections or blood clots
Poor wound care
Ignored signs of hardware failure
A patient might return with worsening symptoms and get brushed off until the damage becomes irreversible.
Yes, it still happens: knees replaced on the wrong side, wrong-level spine surgeries, or rods placed in unbroken bones. These are so-called "never events"—but orthopedic surgery remains a high-risk specialty for this kind of devastating error.
We see orthopedic malpractice most frequently in:
Elderly patients undergoing joint replacements
Trauma patients with complex fractures
Athletes or active adults needing surgical repair
Diabetics or immunocompromised patients (infection risk)
Post-op patients sent home too early or with unclear discharge instructions
These patients are more likely to be ignored when they report pain or complications—especially when providers rely on templates, assistants, or electronic records instead of patient-specific judgment.
Complications can happen even when the surgeon does everything right. But when the harm was:
Preventable,
Caused by delay, inattention, or poor technique, and
Not disclosed or adequately addressed,
…it may rise to the level of negligence.
Some key indicators:
You needed an unplanned revision surgery within weeks or months
Your symptoms were dismissed or ignored
You were discharged with worsening pain, numbness, or signs of infection
Imaging shows misalignment, retained hardware, or unhealed fractures
If you think your orthopedic care went wrong, here are immediate steps to take:
Request Your Records
Get the full surgical report, imaging studies, and follow-up notes.
Get a Second Opinion
Have another orthopedic surgeon review your case.
Keep a Symptom Journal
Track your pain, limited movement, or functional losses.
Contact an Experienced Malpractice Attorney
We consult with orthopedic experts to review your records and assess whether the standard of care was violated.
We don’t dabble in medical malpractice—we focus on it. We’ve handled orthopedic error cases involving:
Missed compartment syndrome
Failed joint replacements
Intraoperative nerve damage
Botched spine surgeries
Wrong-site orthopedic procedures
We don’t take every case—but if we take yours, it’s because we believe in it, and we’re prepared to fight.
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