A medico-legal review of cases involving quadriplegia following cervical spine surgery: Is there an argument for a no-fault compensation system?

Surgical Neurology International
Nancy E Epstein

Abstract

To determine whether patients who become quadriplegic following cervical spine surgery are adequately compensated by our present medico-legal system. The outcomes of malpractice suits obtained from Verdict Search (East Islip, NY, USA), a medico-legal journal, were evaluated over a 20-year period. Although the present malpractice system generously rewards many quadriplegic patients with substantial settlements/ Plaintiffs' verdicts, a subset receive lesser reimbursements (verdicts/settlements], while others with defense verdicts receive no compensatory damages. Utilizing Verdict Search, 54 cases involving quadriplegia following cervical spine surgery were reviewed for a 20-year interval (1988-2008). The reason(s) for the suit, the defendants, the legal outcome, and the time to outcome were identified. Operations included 25 anterior cervical procedures, 22 posterior cervical operations, 1 circumferential cervical procedure, and 6 cases in which the cervical operations were not defined. The four most prominent legal allegations for suits included negligent surgery (47 cases), lack of informed consent (23 cases), failure to diagnose/treat (33 cases), and failure to brace (15 cases). Forty-four of the 54 suits included spine surgeo...Continue Reading

References

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Citations

Apr 4, 2015·The Spine Journal : Official Journal of the North American Spine Society·Symeon Missios, Kimon Bekelis
May 11, 2017·The Journal of the American Academy of Orthopaedic Surgeons·John Mason DePasseAlan H Daniels
Jul 22, 2017·Journal of Neurosurgery. Spine·Alan H DanielsMark A Palumbo
Dec 5, 2017·Orthopaedic Journal of Sports Medicine·Steven L BokshanBrett D Owens
Oct 22, 2013·American Journal of Physical Anthropology·Danielle S Kurin
May 31, 2018·Orthopedics·Joseph A GilAlan H Daniels
May 3, 2013·The Journal of Bone and Joint Surgery. American Volume·Nadia SciberrasGraeme Holt

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Software Mentioned

Verdict Search

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