Orthopedic Malpractice Lawyer in Massachusetts

Q: What if a fracture I had was not treated properly and my bone healed wrong?

Fracture malunion — healing in an abnormal position — or nonunion — failure to heal — can result from inadequate fracture reduction, improper fixation, or failure to monitor healing progress. When these outcomes result from departures from the orthopedic standard of care rather than from known healing variability, malpractice claims may exist. Corrective osteotomy or repeat fixation surgery, and all associated costs, are compensable from the responsible surgeon. Attorney Lavey evaluates fracture management outcomes with orthopedic expert review.

Q: What if the orthopedic surgeon operated on the wrong level of my spine?

Wrong-level spine surgery is a never-event — a preventable error that should not occur when proper verification protocols including intraoperative imaging are followed. A spine surgeon who operates at the wrong spinal level has performed surgery that was not consented to and may have failed to address the actual pathology. The consequences can be severe, including inadequate relief of the original symptoms and in some cases new neurological deficits from surgery at the wrong level. Attorney Lavey pursues wrong-level spine surgery cases as clear malpractice claims.

Orthopedic errors can cause permanent joint damage, nerve injury, and disability. Attorney Jeffrey C. Lavey holds Massachusetts orthopedic surgeons and hospitals accountable for departures from surgical standards. Free consultation. No fees unless we win.

Orthopedic Malpractice in Massachusetts

Orthopedic surgeons specialize in the diagnosis and surgical and non-surgical treatment of conditions affecting bones, joints, tendons, ligaments, and muscles. The specialty encompasses fracture management, joint replacement surgery, arthroscopic procedures, spine surgery, sports medicine, and pediatric orthopedics. When an orthopedic surgeon departs from the standard of care in any of these areas, through improper surgical technique, wrong-side surgery, hardware failure caused by improper placement, or failure to diagnose a serious orthopedic condition, the resulting harm may constitute malpractice. Attorney Jeffrey C. Lavey represents orthopedic malpractice victims throughout Massachusetts.

Common Orthopedic Malpractice Errors

Wrong-side or wrong-level spine surgery
Improper fracture management resulting in malunion or nonunion requiring corrective surgery
Joint replacement implant placement errors causing instability, dislocation, or accelerated wear
Nerve or vascular injury during orthopedic procedures
Failure to diagnose compartment syndrome after fracture, causing permanent muscle and nerve damage
Infection of implanted hardware requiring removal and revision surgery
Failure to diagnose stress fractures or other orthopedic conditions on imaging

Compartment Syndrome: A Time-Critical Orthopedic Emergency

Compartment syndrome is a medical emergency in which pressure within a muscle compartment rises to a level that compromises blood flow to muscle and nerve tissue. It most commonly occurs after fractures and crush injuries. The hallmark signs, severe pain disproportionate to the injury, pain with passive stretch of the involved muscles, and in advanced cases, neurological changes, must be recognized and acted upon with emergency fasciotomy within hours to prevent permanent muscle and nerve damage. An orthopedic surgeon or emergency physician who fails to recognize and respond to compartment syndrome within the required time window may be liable for the resulting permanent disability. Attorney Lavey handles compartment syndrome malpractice cases throughout Massachusetts.

Joint Replacement Surgery Errors

Total hip and total knee replacement surgeries are among the most commonly performed orthopedic procedures and are generally highly successful, but placement errors and implant failures can cause serious harm. An acetabular cup placed at an incorrect angle can cause accelerated wear and impingement. A tibial component placed without proper alignment can cause premature failure and pain. Hardware that loosens or fractures because of improper sizing or fixation may require early revision surgery. Attorney Lavey evaluates joint replacement complications with orthopedic surgery expert review in every case.

Pursuing an Orthopedic Malpractice Claim

Orthopedic malpractice claims require expert testimony from a qualified orthopedic surgeon in the relevant subspecialty. The Massachusetts Certificate of Merit requirement and the standard statute of limitations apply. Attorney Lavey manages the expert review process and all procedural requirements in every orthopedic malpractice case and pursues every element of compensation for his clients, from revision surgery costs through full pain and suffering for lasting disability.

Frequently Asked Questions

What if my joint replacement is failing and needs to be redone?

A joint replacement that fails prematurely and requires revision surgery may indicate a placement error, implant sizing error, or fixation failure that constitutes malpractice. Whether a premature revision is malpractice depends on whether the failure resulted from a departure from the surgical standard of care or from a known risk of the procedure that occurred despite appropriate technique. Expert orthopedic surgery review of the operative records and implant data addresses this question. Attorney Lavey evaluates joint replacement revision cases with orthopedic expert review.

What if a fracture I had was not treated properly and my bone healed wrong?

Fracture malunion, healing in an abnormal position, or nonunion, failure to heal, can result from inadequate fracture reduction, improper fixation, or failure to monitor healing progress. When these outcomes result from departures from the orthopedic standard of care rather than from known healing variability, malpractice claims may exist. Corrective osteotomy or repeat fixation surgery, and all associated costs, are compensable from the responsible surgeon. Attorney Lavey evaluates fracture management outcomes with orthopedic expert review.

What if the orthopedic surgeon operated on the wrong level of my spine?

Wrong-level spine surgery is a never-event, a preventable error that should not occur when proper verification protocols including intraoperative imaging are followed. A spine surgeon who operates at the wrong spinal level has performed surgery that was not consented to and may have failed to address the actual pathology. The consequences can be severe, including inadequate relief of the original symptoms and in some cases new neurological deficits from surgery at the wrong level. Attorney Lavey pursues wrong-level spine surgery cases as clear malpractice claims.

Can I sue if I developed a serious infection after orthopedic surgery?

Post-surgical infections following orthopedic procedures, particularly those involving implanted hardware, can require hardware removal, prolonged antibiotic treatment, and multiple revision surgeries. When a post-surgical infection results from inadequate sterile technique during the procedure or from inadequate post-operative infection prevention protocols, the surgeon and hospital may be liable. Attorney Lavey evaluates post-orthopedic-surgery infection cases with infection control and orthopedic expert review.

Attorney Jeffrey C. Lavey — Licensed Massachusetts Attorney

Attorney Jeffrey C. Lavey is licensed to practice law in Massachusetts and has represented clients throughout Middlesex County and Massachusetts for over 37 years. He handles every case personally, no associates, no handoffs. Call (781) 938-1400 for a free consultation.

Book a Free Consultation Today

There Are No Fees Unless We Win.

1Complete our simple questionnaire
2Schedule a free consultation with Attorney Jeffrey C. Lavey