Analysis of Neurosurgery Risks

Similar documents
Liability Risks for Physiatrists & Physical Therapists

Management of Bariatric Surgery Patients

ASA Closed Claims Project: Regional Anesthesia Claims 1990 or later Lorri A. Lee MD Department of Anesthesiology University of Washington, Seattle, WA

Rockman v Babu 2016 NY Slip Op 32416(U) December 1, 2016 Supreme Court, New York County Docket Number: /2013 Judge: Joan B. Lobis Cases posted

Karachi Spine - Pain and Minimally Invasive Spine Surgery Workshop. Lumbar Injections For Diagnosis and Treatment. Pain Management

While complications from surgery are uncommon some can be serious and may include:

The ABC s of LUMBAR SPINE DISEASE

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ) ) ) ) ) ) ) ) ) ) ) ) ) GENERAL JURISDICTION AND COMMON FACTUAL ALLEGATIONS

The ABC s of LUMBAR SPINE DISEASE

Brain and Central Nervous System Cancers

The Beacon. Cauda Equina Syndrome: A Medical/Surgical Emergency. In This Issue. Case #1

Spinal epidural abscess (SEA) is an infection within. Assessment of malpractice claims due to spinal epidural abscess

The time required for surgery will vary depending upon the procedure recommended. The surgery may last 3 8 hours.

Normal Recovery or Complication: The Risks of Post-Operative Care

Single Level Anterior cervical discectomy

Ultrasound Reimbursement Information for Anesthesiology 1

Clinical Judgment in Diagnostic Errors: Let s Think About Thinking

Objectives. Identify and differentiate appropriate surgical cases. Good Surgical Outcomes

Lumbar Spinal Stenosis

PATIENT: DOB: TODAY S DATE:

Medical Affairs Policy

Nursing review section of Surgical Neurology International: Part 1 lumbar disc disease

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 776/15

POSTERIOR CERVICAL LAMINECTOMY AND FUSION

Spinal cord compression

DOCTOR DISCUSSION GUIDE

Clinical Policy: Disc Decompression Procedures Reference Number: CP.MP.114

TUMOURS IN THE REGION OF FORAMEN MAGNUM

Fractures of the Thoracic and Lumbar Spine

Health Professions Review Board

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

Anterior Cervical Discectomy and Fusion (ACDF)

SELECTIVE DORSAL RHIZOTOMY (SDR)

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F ST. PAUL FIRE & MARINE INSURANCE, INSURANCE CARRIER

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM F ROBERT LEON PAVEL, EMPLOYEE CLAIMANT

Emergency Neurological Life Support Spinal Cord Compression

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. G JANNIE A. HYMES, EMPLOYEE PINEWOOD HEALTH & REHABILITATION, EMPLOYER

Minimally Invasive Discectomy/ Decompression

Herniated Disk in the Lower Back

1105 two (2) vertebrae... 1, add on per additional vertebra

PREMIER SPINE CARE. Adrian P. Jackson, MD (Cervical Spine Specialist) Anterior Cervical Discectomy and Fusion (ACDF)

Chinese Medical Science Foundation

A Healthy Lumbar Spine...2. Lumbar Discectomy...3. Understanding Discectomy Surgery...4. Lumbar Decompression...5

Title Protocol for the management of suspected cauda equine syndrome & decompensating spinal stenosis at NDDH

Get back to: my life. Non-fusion treatment for lumbar spinal stenosis

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 111/15

Conservative Management or Surgery. The Team Approach F EBRUARY 2003

Subthalamic Nucleus Deep Brain Stimulation (STN-DBS)

Posterior Lumbar Spinal Fusion

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

NOT DESIGNATED FOR PUBLICATION BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. G DIANE THOMPSON, EMPLOYEE

Neurosurgery (Orthopaedic PGY-1) Goals. Objectives

THE NEUROSCIENCE INSTITUTE OF NEW YORK HOSPITAL QUEENS

SAC~ENTOiliawJ.v- 5'

PATIENT REGISTRATION FORM

Dr Brigitta Brandner UCLH

Spine Pain Management Program

Ten Second Step Test" as a New Quantifiable Parameter of Cervical Myelopathy. Spine January 1, 2009; Volume 34; Issue 1; pp 82-86

Cox Technic Case Report #126 published at (sent December 2013 ) 1

See Policy CPT/HCPCS CODE section below for any prior authorization requirements

Intraoperative spinal cord monitoring with Tce-MEP for cervical laminoplasty

2012 CPT Coding Update AANS/CNS Joint Section on Disorders of the Spine and Peripheral Nerves

Spine Pain Management Program

Pallidal Deep Brain Stimulation

Speaker: Dr Gautam (Vini) Khurana MBBS (Syd, Hons), BScMed (Syd, Medal), PhD (Mayo Clinic), FRACS

DENOMINATOR: All surgical patients aged 18 years and older undergoing procedures for which VTE prophylaxis is indicated in all patients

ADULT SPINAL DEFORMITY SURGERY

Long Posterior Fixation with Short Fusion for the Treatment of TB Spondylitis of the Thoracic and Lumbar Spine with or without Neurologic Deficit

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2649/16

Radiology Rotation Educational Goals & Objectives for Internal Medicine

Introduction to Neurosurgical Subspecialties:

Introduction to Neurosurgical Subspecialties:

COLLEGE OF PHYSICIANS AND SURGEONS OF NOVA SCOTIA SUMMARY OF DECISION OF INVESTIGATION COMMITTEE C. Dr. John Kirkpatrick

Policy Specific Section:

Paraparesis. Differential Diagnosis. Ran brauner, Tel Aviv university

BRAIN DEATH. Frequently Asked Questions 04for the General Public

CPT only copyright 2014 American Medical Association. All rights reserved. 12/23/2014 Page 66 of 593

Neck Pain: Help! Eric M. Massicotte, MD, MSc, MBA, FRCSC Associate Professor University of Toronto

Cervical Plating BACK PAIN

Surgery. Conus medullaris and Cauda Equina Syndromes. Anatomy. See online here

ishing you and your families a safe, peaceful and joyous holiday season From The Editor From The TSG Family In This Issue...

Surgical Treatment for Movement Disorders

Diagnosis and Treatment of Low Back Pain: A Joint Clinical Practice Guideline from the American College of Physicians and the American Pain Society

We will look at the definition of Neuro-Rehabilitation as opposed to Palliative Care, What impairments patients have at diagnosis How good we are at

Disclosures. Closed Claims Reports: Review of Anesthetic Complications. ASA Closed Claims Database. Outline

All about your anaesthetic

Spinal Stenosis Surgical

SACRAL NERVE STIMULATION (NEUROMODULATION)

Thought Field Therapy and Pain Robert Pasahow, PhD Diplomate, American Board of Medical Psychologists Director, Affiliates in Psychotherapy

What Every Spine Surgeon Should Know About Neurosurgical Issues

2018 OPTIONS FOR INDIVIDUAL MEASURES: REGISTRY ONLY. MEASURE TYPE: Process

North American Spine Society Public Education Series

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. E JAMES STAFFORD, Employee. JENKINS ENGINEERING, INC.

Premier Orthopedic Spine Center

Workshop. Eric M. Massicotte, MD, MSc, MBA, FRCSC Associate Professor University of Toronto

Spine Pain Management Program

Topics in Disability. Case Studies

ANTERIOR CERVICAL DISCECTOMY AND FUSION

TOTAL KNEE ARTHROPLASTY (Total Knee Replacement) The Knee Joint

Transcription:

% of claim volume Analysis of Neurosurgery Risks Surgical and diagnostic-related allegations are the two most frequent case types involving neurosurgeons. Of lesser frequency and severity were medication-related and general medical management allegations. Figure 1. Major Case Types & Dollars Paid 100% 80% 60% 40% 20% 0% 76% Diagnostic allegations include delays and missed diagnoses of spinal abscesses, cancers and postoperative complications. While on average, diagnostic cases tend to be slightly more severe in terms of clinical patient outcomes, we will focus here on the surgical cases. 77% 20% 13% 11% Surgical treatment Diagnosis-related Other Claim volume Total paid Figure 2. Top Surgical Allegation Sub-Categories and Clinical Severity Claim volume Total paid % of high clinical severity outcomes* Surgical performance 56% 56% 52% 3% Management of surgical patients 31% 35% 61% Delays in surgery 5% 7% 89% *Death & significant permanent injuries

% of surgical claim volume Analysis of Neurosurgery Risks 2 Procedures More than two-thirds of the cases involve spinal procedures. Other procedures noted include craniotomies, brain biopsies, and ventriculoperitoneal shunting. Setting More than three-fourths (82%) of surgical allegations originated in an inpatient setting, which includes the OR suite and inpatient units. Patient management cases, involving the assessment of and timely response to evolving clinical presentations, were almost evenly distributed between the OR and patient rooms. The Intersection of Events Adverse neurosurgical patient outcomes rarely arise from a single cause; clinical decisionmaking, procedural complications and ineffective communication between members of the surgical team might all contribute to an adverse outcome. Figure 3. Top Risk Factor Categories 100% 80% 80% 69% 60% 38% 40% 20% 0% Technical skill Clinical judgment Communication Figure 3 consist of several sub-categories. Analysis of risk factors identified in these cases aids in the understanding of process of care deficiencies in neurosurgical cases. Most cases involve more than one risk factor, and all categories noted in Notwithstanding instances of poor surgical technique, technical skill factors most frequently indicate the development of known surgical complications and the surgeon s recognition of and response to those complications. A robust informed discussion that includes consent is key to mitigating the potential for a future medical malpractice claim. In the majority of neurosurgery cases where a recognized surgical complication occurred, an inadequate

Analysis of Neurosurgery Risks 3 informed consent process failed to adequately prepare the patient for possible outcomes and helped stoke a patient s dissatisfaction with care received. Case example: Recognized Complication, Inadequate Informed Consent Conservative pain management didn't resolve the patient's low back pain, so surgical intervention was recommended with placement of hardware. Several months postoperatively, symptoms of nerve compression were noted, which were not alleviated with pain management techniques. One year later, removal of hardware was deemed necessary by the neurosurgeon. Despite removal, the patient sustained permanent nerve injury at L5-S1, and alleged that the risk of nerve compression with this procedure was never addressed during the pre-operative informed consent process. The surgeon's record was silent as to whether or not this risk was discussed with the patient. Focus on Clinical Judgment Sub-Factors Every surgical treatment plan reflects the surgeon s clinical decision-making, and it is the rare malpractice case that doesn t include at least one clinical judgment issue. In neurosurgery cases, inadequate patient assessment was noted most frequently - specifically, surgeon failure to recognize the significance of and respond to evolving symptoms/test results. Failure to pursue timely diagnostic testing was also observed. Case example: Worsening symptoms, delayed orders On post-op day one following a hemilaminectomy and foraminotomy, the patient developed bladder incontinence, increased back pain, tingling sensations in her feet and difficulty ambulating. A message was left with the neurosurgeon s office staff. Six hours later, upon evaluation of the patient, the neurosurgeon did not feel that new orders or a change in the plan of care were warranted. By early the next day, the patient s symptoms had become increasingly severe, and a CT was ordered. Development of a massive epidural hematoma was discovered and the patient was returned to emergent surgery. The patient ultimately did regain some motor function of her lower extremities, but is completely dependent on others for her care.

Analysis of Neurosurgery Risks 4 Focus on Communication Sub-Factors About one-third of all surgical malpractice cases involve a break in the line of communication - be it between members of the surgical team, with consulting physicians, with post-operative nursing staff, or during discussions between surgeons and their patients. Neurosurgery cases are no different, but when analyzed at a deeper level, some specific issues emerge. Unmet post-operative patient expectations and inadequate informed discussions are most common. But it s the provider-to-provider failures related to communication of the patient s clinical condition details which stand out in these cases. In almost every case where this factor was identified, the failure to adequately communicate pertinent clinical information had a significant direct impact on the surgical outcomes of patients. Detailed Case Illustration: A Perfect Storm of Events Intermittent bilateral hand numbness and progressing left thigh paresthesia occurring over the past two years brought the patient, who was in his mid-50 s, to the Emergency Department. An MRI revealed cord compression at C4-5 due to spondylosis, and the consulting neurologist recommended a neurosurgical consult. The patient was admitted, and decompression surgery was scheduled for the following week. (Of note, the patient was on aspirin, but this medication was not noted by the surgeon.) During the week leading up to surgery, the patient developed transient left-sided facial paralysis. The neurosurgeon saw the patient, but the chart did not reflect this newly reported symptom. He did note spastic quadriparesis, and ordered the start of steroid therapy preoperatively. The patient was also seen by the neurologist, who ordered Plavix in response to the facial paralysis. Surgery was delayed due to the initiation of Plavix, which was then switched to Heparin; both the consulting hematologist and cardiologist cleared the patient for surgery. The patient was moved to a skilled nursing floor for monitoring prior to surgery. The neurosurgeon performed a bilateral decompressive laminectomy from C3-C6, and was assisted by a first year orthopedic resident. During the surgery, the patient was seated in a beach chair position (later criticized by experts due to the potential for decrease in spinal cord perfusion). Intraoperative neurological monitoring was not utilized. Hypotension (<90) was noted for over an hour, but the anesthesiologist failed to tell the surgeon.

Analysis of Neurosurgery Risks 5 The patient was able to move all extremities in the immediate post-operative period, but none of the treating providers authored a post-operative note detailing the patient s condition. The first post-operative note was not entered until the next day, and then by the orthopedic resident who had assisted. She noted no voluntary movement of the patient s extremities. Three days later, the neurosurgeon transferred the patient s care to an orthopedic surgeon who discovered severe spinal cord compression at C4/5, and significant signal changes in the cord from C3 down. A second spinal surgery was performed, but the patient is now quadriplegic. The case was settled in the seven-figure range. Allegations: improper performance of surgery (primary); improper management of surgical patient (secondary) Responsible service: neurosurgery (primary); anesthesiology (contributing) Risk factors: o Clinical judgment: inadequate patient assessment during the history & physical phase; failure to appreciate and respond to evolving symptoms; procedure selection; inadequate patient monitoring; delay in obtaining consult/referral o Communication: several missed opportunities to consult with and verbally discuss pertinent details between members of the patient s team of providers o Technical skill: incorrect body position during surgery Resources Checklist: Risk Management Considerations in Surgical Practice Risk Management Basics for Informed Consent Data Source MedPro Group closed claims data, 2008-2017

Analysis of Neurosurgery Risks 6 This document should not be construed as medical or legal advice. Because the facts applicable to your situation may vary, or the laws applicable in your jurisdiction may differ, please contact your attorney or other professional advisors if you have any questions related to your legal or medical obligations or rights, state or federal laws, contract interpretation, or other legal questions. MedPro Group is the marketing name used to refer to the insurance operations of The Medical Protective Company, Princeton Insurance Company, PLICO, Inc. and MedPro RRG Risk Retention Group. All insurance products are underwritten and administered by these and other Berkshire Hathaway affiliates, including National Fire & Marine Insurance Company. Product availability is based upon business and regulatory approval and may differ among companies. 2018 MedPro Group Inc. All rights reserved.