Soft tissue is a broad term that can refer to the various tendons, ligaments, cartilage, and muscles located throughout the body. It is usually used in contrast to other body parts such as bones.
Soft tissue can often be the source of injury due to its delicate nature. These types of injuries can be particularly problematic because of the role of soft tissue when it comes to bodily movement.
Some common types of soft tissue injuries are sprains, strains, dislocation of joints, and tendonitis. They can result from direct trauma, excessive use of a joint, or repetitive strain.
In many cases, corrective surgery such as microsurgery may be needed to help with a soft tissue injury. A common example of this is with carpal tunnel syndrome, where the tendons need to be adjusted through surgery. This is often a delicate procedure that is performed by a medical specialist.
In the event that a soft tissue surgery is defective, it may be necessary to file a lawsuit for damages. This is usually based on some form of medical malpractice theory. Many different parties might actually be held liable for injuries, including the surgeon, medical staff, and the hospital organization. Some other examples of soft tissue surgery claims are:
If a plaintiff was injured because they were given a defective soft tissue during the surgery, they must bring a medical malpractice claim against the medical professionals who performed the surgery.
Medical malpractice claims can be brought against any medical provider that contributed to the patient’s injury. Entities who can be held liable for medical malpractice include:
To bring a defective soft tissue lawsuit, the plaintiff must bring a medical malpractice claim against the health care professional who performed the surgery. Negligence is best understood as the legal theory by which most medical malpractice claims are proven.
A patient is able to recover for their injuries or economic losses by proving that the health care provider was negligent by legal standards. Proving negligence requires that the following elements be satisfied:
A failed surgery can often cause significant damages and losses for the plaintiff. In a lawsuit for a defective surgery, the remedy will try to reimburse the plaintiff for his/her damages and try to make the plaintiff in the same position they were before the injury. These damages may include:
Defective soft tissue surgeries can present all sorts of problems and legal issues and if you feel that you have been the victim of medical malpractice you should contact a personal injury lawyer as soon as you suspect that there may be a problem. If you wait too long, the statute of limitations will run, and you may lose your right to sue.
Last Modified: 03-23-2018 03:45 PM PDTLaw Library Disclaimer
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