Chapter 12

Fractures and Joint Dislocations

Allegations of mismanagement of fractures and dislocations are extremely common.  Many are based upon lack of knowledge as to what may reasonably be expected following adequate treatment.  Litigation can succeed more often following treatment of bone and joint injuries than in other procedural specialties because radiology gives a graphic demonstration of what the injury was and how it was managed.  It is then often impossible to fudge the facts.

Then again most of the patients are young and have many years of active life ahead of them; if they cannot sue another party (as in a motor vehicle accident) they will see if they can obtain compensation by suing the surgeon.  With the increasing introduction of no-fault insurance, with its smaller compensating sums for injury following moor vehicle accidents, doctors involved in treating accident victims will be sued more often. 

Orthopaedists are very vulnerable to being sued for negligence even though there is no evidence that they are less careful than other members of the medical profession.

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