Whether your injuries require surgery has drastic implications on your personal injury case. The decision of if you need surgery is between you and your doctor. As personal injury lawyers at Gelb & Gelb, our job is to get you as much compensation as possible if you require surgery. We represent clients who require surgery for injuries from car accidents, truck accidents, pedestrian accidents, slip and falls, and more. For some personal injury victims, surgery becomes necessary to repair severe damage, alleviate pain, or restore proper function. One reason why it is so important to understand this question is whether you get surgery significantly affects recovery time, both physically and financially. On your physical recovery, a personal injury lawyer must account for future damages. That includes rehabilitation costs, prescription medication expenses, which can be exorbitant, and time in pain for your general damages.
Many believe that you do not have to worry about medication costs. However, if there is a recovery, your health insurer will place a lien on your recovery and expect to be reimbursed. Thus, while accounting for medication costs does not necessarily put more money in your pocket, it keeps your health insurer from dipping into your recovery, enabling you to keep more. Furthermore, whether you get surgery has an impact on how long you will not be able to enjoy hobbies. For example, if you play in a recreational baseball league but cannot participate for an entire season because of a personal injury sustained by a third party’s negligence, you are entitled to general damages to cover this loss of enjoyment of life. How much time you miss depends on whether we must account for a recovery time after your surgery.
Bone Fractures and Orthopedic Surgeries
If you fracture a bone, you may need surgery to ensure proper recovery of that bone. A bone may fracture due to an accident, fall, or other impact, such as a battery. Below, we discuss common types of bone fractures we encounter in personal injury work and orthopedic surgeons that may assist in your recovery.
Types of Fractures
- Simple (Closed) Fracture: A simple fracture is when there is a clean break of the bone into at least two different pieces. However, unlike a compound fracture, the bone does not pierce through the skin. In many cases, surgery is not necessary for a simple fracture. However, if the bone fragments are misaligned, surgery may be needed to realign the bone.
- Compound (Open) Fracture: A compound fracture is more problematic for a doctor and patient than a simple fracture. It is distinct because the break is severe enough to cause the bone to pierce the skin, creating a host of issues. The biggest problem is the risk of infection. Understandably, the skin takes time to close up after a bone pierces through it. Immediate surgery is usually necessary to clean the wound, repair the bone, and reduce the risk of complications.
- Comminuted Fracture: Less common is a comminuted fracture. This is the most severe of the fractures we have discussed thus far. In this type of fracture, the bone is shattered into several pieces, making it difficult to heal naturally. Surgical intervention is often necessary to realign the fragments, usually using plates, screws, or rods. This has a lasting effect on your well-being and deserves sufficient compensation. Speak to an attorney immediately to understand your legal rights after suffering a comminuted fracture.
Less Common Fractures in Personal Injury Cases
- Greenstick Fracture: Greenstick fractures are more common in children than adults. They occur when the bone bends and cracks but does not break completely. In our experience, surgery is not always necessary to repair a greenstick fracture. However, it is always best to consult a surgeon for the best advice for your unique break.
- Stress Fracture: A stress fracture is less common in car accident cases. The reason is that it requires repetitive force or overuse. Thus, a one-time event such as an auto accident will not be a factor when a bone is overused. However, the accident may be the straw that breaks the camel’s back and your bone. Fortunately, stress fractures typically do not require surgical intervention. Although, it is best to speak to a surgeon to understand what is best for your break.
Surgical Interventions
Internal Fixation
This is the most common type of surgery for fractures in a personal injury case. This involves the use of metal plates, screws, or rods to stabilize the bone and ensure proper alignment when for a comminuted fracture. As the name suggests, this surgery aims to fix the bone from the inside by placing it in the correct position and allowing it to heal naturally with the aid of a foreign object. That object provides long-term stability and allows for proper stabilization from the start of your recovery.
External Fixation
This is a method of surgery that stabilizes the broken bone. It is generally opted for when the internal fixation method is unsuitable. Surgeons typically opt for this method when the break is more severe, making immediate internal fixation too risky. In an external fixation procedure, metal pins or screws are inserted into the bone on either side of the fracture. These pins or screws are then connected to an external metal frame outside the body. One benefit to this method is the frame on the outside can be adjusted as the plaintiff heals. Additionally, this tends to be a less invasive surgery. An internal fixation surgery requires the surgeon to open the skin and work directly on the broken bone. This method is used most often for compound fractures.
Bone Grafting
Surgeons use bone grafting to repair or rebuild bones by transplanting bone tissue. Depending on the source of the bone material, there are several types of bone grafts: autografts, allografts, and synthetic grafts. First, an autograft involves collecting bone tissue from the patient’s own body. Second, an allograft is when a third party donates bone tissue. Typically, this comes from a cadaver, or corpse. The third option is a synthetic graft. This is less gruesome sounding than the allograft and relies on biocompatible materials such as ceramics or polymers that mimic the structure of natural bone.
Joint Replacement Surgery
Also known as arthroplasty, it is not as complex as it sounds. In this procedure, damaged joints are replaced with artificial implants, typically made from metal, plastic, or ceramic materials. Joint replacement surgeries are more common than you may guess. For example, hip replacement surgery fits into this category.
Contact Gelb & Gelb Today
If you are injured in a motor vehicle accident, contact Gelb & Gelb today to preserve your legal rights and pursue the defendant. After practicing personal injury law in Washington, DC, and Maryland for over 70 years, we have an acute understanding of how best to pursue a negligence case that results in broken bones. Call us today to understand your options and what steps to take to maximize compensation for your injuries.
We will meticulously review your medical records, evaluate the value of your injury, and contact the adverse insurance company to negotiate a settlement. Call our office today at (202) 331-7227 for a free case consultation.