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Defective Soft Tissue Surgery

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What is Soft Tissue?

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.

What is a Defective Soft Tissue Surgery Lawsuit?

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:

  • Performing the wrong type of surgery;
  • Causing further damage to soft tissue;
  • Failing to inform the patient of the risks involved with the surgery; and/or
  • Performing surgery on the wrong body part.

Who is Liable in Medical Malpractice Claim for a Defective Soft Tissue?

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:

  • Doctor: The doctor is liable if their actions was generally accepted standards of the health professional practice
  • Hospital: The hospital can be liable for improper care or inadequate training of the healthcare professionals
  • Nurse or Other Medical Staff: The nurse or other medical staff that attended to the patient may be held liable if they contributed to the patient’s injury,

How is Negligence Proven in a Defective Soft Tissue Lawsuit?

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:

  • Duty Was Owed to Plaintiff: By virtue of the profession, all medical professionals owe a basic duty of care to the patient. However, the medical standard of care may depend on the professional’s field practice
  • Breach of Duty: The medical professional must have acted in some way that breached their duty of care such as placement of defective soft tissue.
  • Causation: The breach of duty must be the direct and actual cause of the plaintiff’s injuries and/or economic losses. 
  • Damages: The negligent conduct must have caused actual, measurable damages.  

What are Some Remedies for a Defective Soft Tissue Surgery?

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:

  • Medical Costs and Hospital Bills;
  • Lost Past Wage;
  • Lost Future Wages;
  • Pain and Suffering; and/or
  • Cost of Living with a Disability.

Do I Need a Lawyer?

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.

Photo of page author Ki Akhbari

, LegalMatch Legal Writer and Attorney at Law

Last Modified: 03-23-2018 03:45 PM PDT

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