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One of the most common types of malpractice cases comes out of a doctor or nurse not doing something that they should have done.

Examples of this include:

Failure to render care
Failure to diagnose
Failure to order necessary tests
Failure to report test results
Failure to treat
Infection diagnosis and management

A failure to do something can, and often will, be negligence, because harm to the patient flows from the lack of treatment.

A failure to diagnose or report a suspicious mass on an x-ray may result in cancer going untreated. Failure to order tests after giving a new medication may result in a complication going undiagnosed and untreated for a long period of time.

The most common form of this type of malpractice is the failure to diagnose a condition. When signs and symptoms should lead to certain tests being ordered, and they aren’t, conditions can go undiagnosed with devastating consequences. Or the proper tests can be run, but the doctor fails to appreciate the significance of the test results.

If you believe that a doctor has failed to act, and question whether you may have a malpractice case, contact us to discuss.

Prosecuting a medical malpractice case is expensive. Very expensive. In order to bring a case to trial, tens of thousands of dollars will be spent on medical records, advanced medical research, medical record review, expert witnesses, depositions, trial exhibits and a hundred other things.


A typical “simple” medical malpractice case is more expensive and more complex than almost any other type of personal injury claim. A “simple” medical malpractice case can cost $40,000, $50,000 or more to bring to trial. And that isn’t including attorney’s fees for the patient.

In order to bring a case, it must be economically viable. That means, the ultimate value of the case, when weighed against the cost to bring the case, and the hundreds, and sometimes thousands, of hours spent by the attorney in prosecuting the case, must weigh in favor of pursuing the case.


In order to justify the substantial expense, and risk, associated with bringing a malpractice case, an attorney must weigh the strength of the case, meaning how clear the malpractice is, against the cost to pursue the case and the ultimate potential recovery. It makes no sense to bring a case where the attorney’s contingent fee and expense refund take up all or most of the potential recovery.

The bottom line must be whether or not the client is going to recover enough money to justify the time, expense and emotional cost associated with prosecuting a medical malpractice claim. That calculus will vary from attorney to attorney based on many factors, but it will be a consideration in deciding whether to pursue a claim or not.

The bottom line is, there really is no such thing as a “simple” medical malpractice claim. That is why your choice of attorney is so important. If you believe you have a medical malpractice claim, please contact us at Hendrickson Law.

The University of Missouri’s Orthopedic Institute has developed what they call the Mizzou BioJoint. Mizzou is aggressively marketing the BioJoint as a cutting edge, proven surgical procedure to address knee pain in patients younger than 50 years old. The Mizzou Biojoint is marketed as an alternative to traditional total or partial joint replacement surgery.

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What is a “BioJoint.”

The Mizzou Biojoint is a registered trademark Mizzou surgeons use for procedures using large scale osteochondral allografts to address osteoarthritis and other causes of cartilage loss. These allografts are harvested from cadaver joints. Traditionally, smaller scale allograft plugs are used to repair focal area cartilage defects in the knee. However, the Mizzou BioJoint utilizes much larger allografts that involve removing and replacing half or more of the articular surfaces of the knee. Mizzou promotes these procedures as an alternative to traditional total joint replacements.

The question is, is it safe? Investigation to date reveals a number of serious concerns.

Is this a proven safe procedure?

While the marketing campaigns don’t divulge this, the physicians at Mizzou have only been doing these procedures for about 2 years, so there is NO long term data about the safety and success of these procedures.

Mizzou does not appear to have submitted the clinical results of these procedures to the scientific or medical community for peer review and validation.

Mizzou recently began disclosing to patients that some procedures are known to have up to a 60% failure rate.

Are these procedures part of a clinical study?

In August 2017, several years after Mizzou began performing BioJoint procedures, Mizzou registered a clinical study. The parameters of that study appear to encompass many of the procedures that Mizzou surgeons performed in 2015 and 2016.

Mizzou physicians have grants from the U.S. military to study these procedures.

Does the Mizzou BioJoint have a proven history of long term success?

Mizzou has only been performing the BioJoint procedures since approximately 2015. In the orthopedic field, researchers generally look at 5 and 10 year periods and longer to determine a procedures viability and efficacy.

Mizzou has arguably been researching in this area for an extended time, mainly in “canine models.” In fact, Mizzou’s lead researcher in the field is not a medical doctor but rather a veterinarian. There have been no long term human studies.

If you are considering a BioJoint procedure, please proceed carefully. Get the facts before committing to this procedure.

If you have had a BioJoint procedure and have experienced any of the following, you should consider legal action:

• Multiple reoperations

• Allograft failure

• Conversion to a traditional total joint replacement

• Infection

• Limited range of motion

• Continuing pain

• Disability

HendricksonLaw is actively investigating cases involving failures, infections, re-operation and other issues involving the Mizzou BioJoint.

If you have questions, please contact us immediately. You have a limited time to file any legal action involving the BioJoint procedure.

Mizzou BioJoint is a registered trademark of the University of Missouri.