Study finds medical malpractice claims most often related to orthopedic surgery

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We don’t prepare cases to settle them; there are plenty of lawyers who do that. We prepare cases ​for trial. When we take a case, we want to know that we can win it at trial and we prepare that case as if we’re going to trial. We are prepared to try every case.

A recent study evaluating malpractice claims in relation to physician specialty and published in Orthopedics, a bimonthly peer-reviewed medical journal, has cited orthopedic surgery as the most common cause of medical malpractice litigation. More specifically, the cases most often litigated include spine surgery, knee surgery, and hip surgery, and the most common causes for litigation were cited as procedural error and negligence.

The study analyzed 81 jury-verdicts (state and federal) and out-of-court settlements related to medical malpractice from 2010 to 2016. The average age of affected patients/plaintiffs was 53.4 years-old. At first glance, this age seems young as an average for orthopedic and joint-replacement surgery, but according to Dr. Matthew Hepinstall, associate director of the Center for Joint Preservation and Reconstruction at Lenox Hill Hospital in New York, more orthopedists are urging younger patients to undergo their joint replacements earlier in life, in order to more fully enjoy their active years: “These are your years to still be active. If you wait till you’re 75 and get your hip fixed, you will have heart disease, which will limit your mobility. Why not get it fixed now and enjoy these years?”

This coaxing might also explain the study’s finding that monies are most often recovered when complaints include claims of unnecessary surgery. Patient death was also an indicator of plaintiff verdicts.

The study found that juries award an average of $3,052,872 to plaintiffs in orthopedic malpractice cases, while cases that settle out-of-court net, on average, about half that, or $1,570,833.

Medical malpractice attorneys at Messa & Associates prepare cases for trial.

Philadelphia Medical malpractice attorneys at Messa & Associates prepare cases for trial. Unlike many law firms who aim to rush cases through litigation in order obtain a minimal settlement, Messa & Associates prepares to try every case before a jury. In the case of orthopedic malpractice litigation, an attorney who is competent and experienced in successfully bringing cases to trial is the best way to make a significant recovery relating to your orthopedic procedure and resulting injuries.

New Jersey and Philadelphia Medical Malpractice Attorneys

In addition to orthopedic malpractice and surgical errors, the medical malpractice attorneys at Messa & Associates are experienced in handling complex medical malpractice cases, including but not limited to MRSA infections, surgical site infections, foreign objects, missed diagnoses, and treatment errors/negligence. If you or a loved one has fallen victim to medical negligence at a hospital, nursing home, or rehab facility, act quickly. Call a medical malpractice attorney from Messa & Associates today, before your rights to legal compensation have expired. Call 877-MessaLaw for a free consultation or submit an inquiry online for a free case evaluation.


Call the Philadelphia personal injury lawyers of Messa & Associates today to discuss your case with a professional who has the knowledge to answer your questions or submit a free online inquiry.

Call, toll-free, 1-877-MessaLaw (637-7252), or submit a free online inquiry form.

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Director of Marketing for Messa & Associates located in Philadelphia, Pennsylvania. For all marketing or press release communications, contact

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