Legal Question in Health Care Law in California

At its core your question is a combined medical and legal one. The first question is whether the orthopedic surgeon applied the degree of care that is standard in his profession (I'm making a gender assumption since the vast majority of ortho's are male) in deciding to go forward with the procedure and in doing the procedure. You are going to need a professional medical opinion on that. If not, you can sue the ortho and Kaiser for medical malpractice. The legal side of the question is whether you gave informed consent to the procedure. Were you adequately warned that a bone fracture might result from the procedure. I'm betting that whether you read or remember it or not, they had you sign something identifying that as a known risk. But on the off chance they did not, it would give you an alternate or additional cause of action. Lastly, bear in mind that you have a very short time to take legal action for malpractice. You probably should talk to a lawyer in person if you have any reason to believe the doctor failed to exercise proper professional care, or if you think you did not give informed consent.