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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 injuries may include: 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 performing surgery on the wrong body part. 

What are Some Remedies for a Defective Soft Tissue Surgery?

A failed surgery can often caused significant damages and losses for the plaintiff.  In a lawsuit for a defective surgery, the remedy will usually include a damages award to reimburse the plaintiff for medical costs and hospital bills.  If the damage is particularly debilitating, the lawsuit may also factor in a damages award for lost earning capacity (for instance, if the failed surgery causes the person to lose function of a joint or limb).  However, lost earning capacity is extremely difficult to prove in cases involving pediatric surgery, as the child is usually not old enough to have a job and any potential career path is speculative

Do I Need a Lawyer if I Had a Defective Soft Tissue Surgery?

Defective surgeries can present all sorts of problems and legal issues.   You may wish to hire a qualified personal injury attorney in your area if you need help with a lawsuit.  Your attorney can explain how the laws in your region may affect you, and will be able to represent you during the actual trial proceedings. 

Photo of page author Ken LaMance

, LegalMatch Law Library Managing Editor and Attorney at Law

Last Modified: 11-09-2015 10:12 AM PST

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