pedicle screw misplacement malpractice

1. The total number of reoperations for MPS and patient clinical data were obtained from medical records at each hospital. laterally placed screws and the azygous vein on the right (T5-T11). A.J. Your message has been successfully sent to your colleague. concluded that the robot-assisted technique was significantly more accurate than the traditional freehand technique.39 Despite the learning curve and initial cost of obtaining technologies such as 3D fluoroscopic devices, intraoperative CT, or robotic navigational systems, the routine use of these technologies for intraoperative imaging confirmation and potential revision of misplaced screws may help spine surgeons avoid inadvertent iatrogenic morbidity for their patients and potential litigation. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Svider PF, Kovalerchik O, Mauro AC, et al. J Bone Joint Surg 45A:11591170, 1963. One hundred twelve patients were treated using the Cotrel-Dubousset pedicle screw fixation system for degenerative disease (57 patients), trauma (42 patients), infection (eight patients), and tumor (five patients) of the lumbar or thoracolumbar spine. Re: malpositioned pedicle screw resulting in additional surgery and disability. Brodsky AE: Post-laminectomy and post-fusion stenosis of the lumbar spine. Spine (Phila Pa 1976). As part of the surgery, Dr. Taras Masnyk inserted four metal screws into the plaintiffs spine. Complications were classified as general, hardware-related, problems associated with the instrumented segments, junctional level problems, and problems related with balance (Table 2). Balch CM, Oreskovich MR, Dyrbye LN, et al. Several limitations should be carefully considered when interpreting our results. 2021 Jul 1;41(Suppl 1):S80-S86. Analysis and interpretation of data: Sankey, TT Than. The case facts centered on a spinal surgery the 34 year-old plaintiff had undergone at Central DuPage Hospital. Error in trends, major medical complications, and charges associated with surgery for lumbar spinal stenosis in older adults. 4. Koktekir E, Ceylan D, Tatarli N, Karabagli H, Recber F, Akdemir G. Spine J. Using chi square analysis, statistically significant correlation was seen between disc space narrowing and loss of postoperative correction (p < 0.01). Spine (Phila Pa 1976). 6. 11. pedicle screws sagittal alignment spinal fusion surgical guides Spinal fusion is used to treat a range of conditions associated with spinal column such as intervertebral disc degeneration and scoliosis [ 1 ]. 18. True accuracy of percutaneous pedicle screw placement in thoracic and Procedural errors led to combined payouts totaling $124,943,933 in neurosurgery claims between 2003 and 2012 in a study looking at data from the Physician Insurers Association of America Data Sharing Project.10 However, our study is the first to report the direct medicolegal impact of screw misplacement on US spine surgery, with 30.9% of judgments/settlements in favor of the plaintiff, resulting in average payouts of $1,204,422 $753,832 per claim. We avoid using sharp automated drilling, and probe fully the pedicle cavity to prevent nerve root impairment. Although pedicle screw fixation opened a new horizon of spinal surgery by providing rigid fixation of the spine, it is a technically demanding procedure with potential complications including medical complications, hardware and technical problems, and long-term changes of junctional motion segments. All Rights Reserved. A neurologic deficit developed in one patient (0.9%) who had partial bilateral drop feet after reduction of L4L5 spondylolisthesis. leg pain. Placement of thoracolumbar pedicle screws using three-dimensional image guidance: experience in a large patient cohort. Thoracic Pedicle Screws - ScienceDirect Of the 112 patients, 57 patients had a lumbar degenerative disorder, (lumbar degenerative spinal canal stenosis in 23 patients, degenerative or spondylolytic spondylolisthesis in 12 patients, postlaminectomy instability or stenosis in 20 patients, and recurrent disc prolapse in two patients), 42 patients had spinal cord injury, eight patients had infection, and five patients had a spinal tumor (Table 1). Steffee AD, Biscup RS, Sitkowski DJ: Segmental spine plates with pedicle screw fixation: A new internal fixation device for disorders of the lumbar and thoracolumbar spine. 2011;306(10):1088. 2006;65(4):416421. Safety and efficacy of pedicle screw placement using intraoperative computed tomography: consecutive series of 1148 pedicle screws. Continued clinical experience with various pedicle screw implant systems has led to ongoing improvements in system design to minimize implant failure rates and to improve ease of system application. 5-7 Materials and Methods This is a retrospective study of kyphotic spondylitis tuberculosis (Stb) patients conducted at Fatmawati General Hospital, Jakarta, Indonesia, through the year 2020-2021. Review of neurosurgery medical professional liability claims in the United States. Schlegel JD, Smith JA, Schleusener RN: Lumbar motion segment pathology adjacent to thoracolumbar, lumbar, and lumbosacral fusions. (A) Anteroposterior and (B) lateral radiographs show coronal imbalance that developed 4 years after surgery in a 57-year-old woman with L3L4 float fusion. A TLIF is a surgical procedure that attempts to fuse vertebrae in order to stabilize the patient's spine. In addition, studies have shown that over 85% of malpractice claims are either dismissed or settled out of court,14 which likely results in a high degree of underreporting. Nahed BV, Babu MA, Smith TR, Heary RF. Neurological outcome and management of pedicle screws - PubMed Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. This demonstrates technical ability but does not represent the impact of screw misplacement on individual patients. West et al 33 also reported a 29% complication rate for the first 50 patients and a 26% complication rate for the last 74 patients. Acquisition of data: Sankey. Nominal and inflation-adjusted award payouts were higher for trial verdicts than for settlement/arbitration, with a nominal average of $1,140,473 $841,683 versus $788,533 $306,186 awarded to the plaintiff, respectively (p = 0.30). In the other patient, L4L5 float arthrodesis was done. Characteristics of medicolegal cases related to misplaced screws in spine surgery. Accuracy of pedicle screw insertion by AIRO intraoperative CT in complex spinal deformity assessed by a new classification based on technical complexity of screw insertion. When adjusted for inflation, these values increased to $1,330,201 $882,023 versus $970,832 $381,619, respectively (p = 0.32; Fig. * Dr. Goodwin has received grants from the Burroughs Wellcome Fund, North Carolina Spine Society, and Robert Wood Johnson Harold Amos Medical Faculty Development Program and the NIH/NINDS K12 NRCDP Physician Scientist Award. 2,24,28,36. Robotic-assisted pedicle screw placement fails to reduce overall Epstein NE. 2014;96(4):266270. In addition, seven (6.3%) dural tears occurred during the decompression and none occurred during instrumentation. haroinfather roblox id 3. Likewise, cases are uploaded on a voluntary basis by state and federal judges and courts, which may lead to selection bias. The accuracy of pedicle screw placement using intraoperative image guidance systems. 2013;32(1):111119. Nyquist followed a medical malpractice lawsuit against Dr. Masnyk for his surgical error, alleging that the surgeon had improperly positioned the right L4 pedicel screw which had resulted in a nerve root injury and Nyquists subsequent foot drop. Spine 8:970981, 1996. Ultimately, additional prospective, multiinstitutional large-volume studies are needed to validate these findings, and future studies should evaluate the long-term impact on the routine use of intraoperative imaging confirmation and/or computer- or robot-assisted navigation on the frequency and success of malpractice claims related to misplaced pedicle and lateral mass screws. (%), Pseudarthrosis requiring revision surgery. Determining legal responsibility in otolaryngology: a review of 44 trials since 2008. A retrospective review of charts, XRs and low-dose CT scans of 127 patients who underwent spinal fusion with pedicle screws for spinal deformity was performed. The third patient, who had central spinal stenosis, was treated by decompression alone. Rather, the defense demonstrated that although the misplaced screw had in fact irritated the L4 nerve root for the six days before it was removed, the related symptoms resolved with the screws removal. Reviewed submitted version of manuscript: all authors. Complications and Problems Related to Pedicle Screw Fixation - LWW Similarly, the highest inflation-adjusted amount awarded ($2,302,472) for pseudarthrosis was attributed to a medially breached pedicle screw during an L5S1 fusion that was determined to have caused the failed union and subsequent need for revision surgery. Fager CA. Wiltse LL, Spencer CW: New uses and refinements of the paraspinal approach to the lumbar spine. Scarone P, Vincenzo G, Distefano D, et al. This site needs JavaScript to work properly. 2. 2007;106(6):11081114. We serve the following localities: Cook County including Arlington Heights, Barrington, Berwyn Township, Chicago, Des Plaines, Glenview, Orland Park, Palos Park, Schaumburg, and Tinley Park; DuPage County including Downers Grove, Naperville, and Bolingbrook; Kane County including Aurora, Elgin and Geneva; Lake County including Waukegan; and Will County including Joliet. Pedicle screw accuracy in thoracolumbar fractures- is routine postoperative CT scan necessary? Spine 16:576579, 1991. To investigate intraoperative reinsertion of percutaneous pedicle screw (PPS) with intraoperative CT-based navigation and to evaluate the rate of deviation of PPS at postoperative radiographic examination. It is indicated that screws medially misplaced at a distance greater than 2-mm, especially 4 mm, may be a cause of negative effects on the neural structure and should be removed during the early phase of the postoperative period, even among patients without postoperative neurological abnormalities. Cook County Surgeons Cut Common BIle Duct During Surgery, But Jury Finds for Defendants Irwin v. Alan Loren, M.D. Spine 19(20 Suppl):2279S2296, 1994. Pedicle screw insertions are commonly used for posterior fixation to treat various spine disorders. 2013;34(6):699705. In two patients in the current series, dislodgement of the rods from tulip screws occurred, as reported originally by Edmunds et al. J Spinal Disord Tech. Elizabeth Hofheinz, M.P.H., M.Ed. doi: 10.1097/BPO.0000000000001828. Harris RI, Wiley JJ: Acquired spondylolysis as a sequel to spine fusion. Rothberg MB, Class J, Bishop TF, et al. Mississippi Appellate Court Affirms Medical Malpractice Defense Verdict Luque ER: Segmental spinal instrumentation of lumbar spine. All case demographics are summarized in Table 1. Dr. Shaffrey has received grants from the NIH and Department of Defense. Spine 18:11601172, 1993. The rate of misplaced pedicle screws ranges from 1.1% to 28.8%, 10 although neurologic injury from misdirected pedicle screws has been reported to occur in 0% to 12% of patients. Patient Suffers Permanent Nerve Damage From Spinal Surgery Spine neurosurgeons facing the judicialization of their profession: disenchantment and alteration of daily practicea qualitative study. There were 74 men and 38 women, with a mean age of 47 years (range, 1872 years). In situ spine arthrodesis permits load sharing by the vertebral bodies, preventing fatigue failure of the implant. Hecht N, Kamphuis M, Czabanka M, et al. Spine 17:834837, 1992. Spine (Phila Pa 1976). 1. Dr. Friedlander did not order a CT or MRI until January 2013, when the pedicle screw was found to be in the wrong location and a failed fusion was diagnosed, according to the suit. Epub 2022 Oct 29. Krag MH, Beynnon BD, Pope MH, et al: An internal fixator for posterior application to short segment of the thoracic, lumbar, or lumbosacral spine. They both had motor deficits from which 1 patient recovered completely. 2022 Dec;31(12):3544-3550. doi: 10.1007/s00586-022-07427-0. Grubb SA, Lipscomb HJ: Results of lumbosacral fusion for degenerative disc disease with and without instrumentation: Two- to five-year follow-up. At the lumbosacral area, breakage of a divergent screw of a Chopin block occurred on only one side with no loss of correction. Through the use of expert witness testimony, Mr. da Costa was able to prove to the jury that by misplacing the pedicle screw during the surgery, and failing to timely diagnose and correct the malpositioned screw, Defendants deviated from accepted standards of care. Presse Med 78:14471448, 1970. Per-patient analysis reveals more concerning numbers toward screw misplacement. The largest inflation-adjusted payout awarded to the plaintiff ($3,372,185) for nerve root injury occurred in a 36-year-old male who had undergone an L4S1 posterior spinal fusion, which resulted in permanent and direct injury to right L5 and S1 nerve roots, with foot drop and radiculopathy. Hadjipavlou A, Enker P, Dupuis P, Katzman S, Silver J: The causes of failure of lumbar transpedicular spinal instrumentation and fusion: A prospective study. The radiology results showed that the surgical screw placed at the right L4-5 area had breached the medial wall and was actually extending into the spinal canal. Personal consequences of malpractice lawsuits on American surgeons. Zdeblick 38 also reported an overall arthrodesis rate of 65% in patients without instrumentation, 77% in patients with semirigid fixation, and 95% in patients with a rigid constrained screw-rod system. Problems at the junctions of the instrumented spine were seen in five patients (4.5%). Pedicle screw placement accuracy using ultra-low radiation imaging with image enhancement versus conventional fluoroscopy in minimally invasive transforaminal lumbar interbody fusion: an internally randomized controlled trial. Once the spine is exposed, the appropriate levels of fixation are confirmed with the image intensifier. These numbers are in line with the current literature. 28. Rev Chir Orthop Reparatrice Appar Mot 62:151160, 1976. Lumbosacral pedicle screw placement using a fluoroscopic pedicle axis Med Econ. 20th Annual Spine, Orthopedic & Pain Management-Driven ASC Conference, 8th Annual Health IT + Digital Health + RCM Conference, 29th Annual Meeting - The Business & Operations of ASCs, The issues spine surgeons are advocating for outside of the operating room, Centinel Spine is now covered by all major payers, What's next for SI joint fusion? Spine 13:10121018, 1988. Nyquist had requested the defendants offer, which in retrospect was perhaps a poor decision in light of the Kane County jurys verdict. Intraoperative and postoperative complications were recorded by the authors and the results were evaluated by an independent observer. Unauthorized use of these marks is strictly prohibited. 27,30 Infected pseudarthrosis developed in one patient (0.9%) with an L4S1 arthrodesis, and the instrumentation was removed 18 months later resulting in a flat back syndrome. Plaintiff's expert was prepared to testify at trial that these complaints are characteristic of a malpositioned screw impinging upon a neural structure. Spine (Phila Pa 1976). Pedicle Screw Malposition Expert Witness: Malposition Can Lead to Breakage of a divergent screw of a Chopin block at the lumbosacral area was seen 3 months after surgery. Morphometric analysis of the proximal thoracic pedicles in Lenke II and IV adolescent idiopathic scoliosis: an evaluation of the feasibility for pedicle screw insertion. The states with the most cases included California (n = 10, 14.7%), New York (n = 6, 8.8%), Pennsylvania (n = 6, 8.8%), and Illinois (n = 5, 7.3%; Table 2). All the operations were done by one surgeon (PK). 2014 Sep;21(3):320-8. doi: 10.3171/2014.5.SPINE13567. Better strategies need to be devised for evaluation of screw placement, including establishment of a national database of deformity surgery, use of intra-operative image guidance, and reevaluation of postoperative low-dose CT imaging. In order to prove medical malpractice occurred, the plaintiffs attorney needs to show not only the plaintiff experienced a poor medical outcome, but that it was directly caused by medical negligence. Malpractice litigation following spine surgery. Accuracy of C2 pedicle screw placement using the anatomic freehand technique. Abstract BACKGROUND CONTEXT Surgeons have increasingly adopted robotic-assisted lumbar spinal fusion due to indications that robotic-assisted surgery can reduce pedicle screw misplacement. N Engl J Med. J Bone Joint Surg 62A:13021307, 1980. However, the misplacement of pedicle screws can lead to disastrous complications. Five patients had uneventful early postoperative course. Am J Otolaryngol. (PDF) Lumbosacral pedicle screw placement using a fluoroscopic pedicle Zdeblick TA: A prospective randomized study of lumbar fusion: Preliminary results. Of note, the award amount for one settlement case was undisclosed. Additional survey data have shown that 50% of physicians exhibit at least a temporary loss of self-esteem after a malpractice claim, and at least 25% experience depression.22 As stated above, the average neurosurgeon spends 27.2% of his or her entire career in an open malpractice claim,10 and each case can take an average of 5.1, 5.0, and 3.4 years for defendant verdicts, plaintiff rulings, and settlements, respectively.7,15 Likewise, neurosurgeons have a higher risk than practitioners in other specialties of being named in multiple malpractice suits given the particularly high-risk nature of the specialty.10 Even when found in favor of the defendant (surgeon), each case ultimately takes a substantial emotional and financial toll on the physician(s) involved. The average age of the patients was 47 years and the average followup was 35 months. Din RS, Yan SC, Cote DJ, et al. Hsu K, Zucherman JF, White AH: Internal Fixation With Pedicle Screws. Lawsuit information regarding the plaintiffs age at the time of the malpractice claim, sex, postoperative complaint, indication for index surgery, defendant surgeon specialty (neurosurgery vs orthopedics), and delayed diagnosis or treatment, as well as case location by state and case year, was obtained. single homes for sale in lehigh valley, pa single homes for sale in lehigh valley, pa Home Realizacje i porady Bez kategorii single homes for sale in lehigh valley, pa Defensive medicine in neurosurgery: the Canadian experience. Epub 2014 Jun 13. Categorical and continuous data are described as frequency (percentage) and median (interquartile range), respectively, except for the use of mean standard deviation for award amounts since both nominal and inflation-adjusted award totals passed (alpha = 0.05) the DAgostino-Pearson omnibus normality test. 2018;83(5):9971006. 17,18,31,39 Edwards 6 showed that solid arthrodesis developed in 96% of patients without previous surgery, whereas 84% of patients having secondary operations experienced a similar result. Before Error in trends, major medical complications, and charges associated with surgery for lumbar spinal stenosis in older adults, Spinal fusion in the United States: analysis of trends from 1998 to 2008, Safety and efficacy of pedicle screw placement using intraoperative computed tomography: consecutive series of 1148 pedicle screws, The accuracy of pedicle screw placement using intraoperative image guidance systems, Accuracy of pedicle screw insertion by AIRO, intraoperative CT in complex spinal deformity assessed by a new classification based on technical complexity of screw insertion, Pedicle screw placement accuracy using ultra-low radiation imaging with image enhancement versus conventional fluoroscopy in minimally invasive transforaminal lumbar interbody fusion: an internally randomized controlled trial, Use of the Airo mobile intraoperative CT system versus the O-arm for transpedicular screw fixation in the thoracic and lumbar spine: a retrospective cohort study of 263 patients, Accuracy and workflow of navigated spinal instrumentation with the mobile AIRO, Accuracy of pedicle screw placement and clinical outcomes of robot-assisted technique versus conventional freehand technique in spine surgery from nine randomized controlled trials: a meta-analysis, Safety and accuracy of robot-assisted versus fluoroscopy-guided pedicle screw insertion for degenerative diseases of the lumbar spine: a matched cohort comparison, Verdict/Settlement Search and Inclusion/Exclusion Criteria, Plaintiff Claim and Index Surgery Information, Impact of Medical Malpractice on Neurosurgeon and Orthopedic Surgeon Careers, Financial Burden of Medical Malpractice Claims Related to Misplaced Pedicle and/or Lateral Mass Screws, Frequency of Misplaced Pedicle and Lateral Mass Screws in Spine Surgery, Strategies to Improve the Accuracy of Screw Placement in Spine Surgery, Top 25 Cited Gamma Knife Surgery Articles - Trigeminal Neuralgia, Top 25 Cited Gamma Knife Surgery Articles - Volume 111, https://doi.org/10.3171/2020.8.FOCUS20600, https://www.bls.gov/data/inflation_calculator.htm, Volume 49 (2020): Issue 5 (Nov 2020): Medicolegal issues in neurosurgery, Single vs multiple misplaced screw(s), no.

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