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Orthopaedics and the Law

Abstract Understanding the relevant legal context is critical to the safe and successful practice of orthopaedic surgery. Specifically, three areas of liability are relevant to most physicians: medical malpractice, products liability, and the liability of health care organizations. Medical malpractice encompasses the professional physicianpatient relationship with its implied contract, consent, fiduciary responsibilities, and duty to provide the standard of care, as well as certain common‐law duties pertinent in special circumstances. Orthopaedic surgeons who design implants or who have a relationship with a device manufacturer are at risk for liability for a failed product. In general, the hospital entity is responsible for the actions of its physician‐employees. Still unclear is the degree to which a physician is obligated to appeal to a third‐party payor on behalf of a patient. Physicians should remember that, above all else, common sense with regard to the treatment, informed consent, and advocacy of patients is essential to avoiding many medical‐legal pitfalls.