Assessment of malpractice claims due to spinal epidural abscess

Journal of Neurosurgery. Spine
J Mason DePasseAlan H Daniels

Abstract

OBJECTIVE Spinal epidural abscesses (SEAs) can be difficult to diagnose and may result in neurological compromise or even death. Delays in diagnosis or treatment may worsen the prognosis. While SEA presents a high risk for litigation, little is known about the medicolegal ramifications of this condition. An enhanced understanding of potential legal implications is important for practicing spine surgeons, emergency medicine physicians, and internists. METHODS The VerdictSearch database, a large legal-claims database, was queried for "epidural abscess"-related legal cases. Demographic and clinical data were examined for all claims; any irrelevant cases or cases with incomplete information were excluded. The effects of age of the plaintiff, sex of the plaintiff, presence of a known infection, resulting paraplegia or quadriplegia, delay in diagnosis, and delay in treatment on the proportion of plaintiff rulings and size of payments were assessed. RESULTS In total, 56 cases met the inclusion criteria. Of the 56 cases, 17 (30.4%) were settled, 22 (39.3%) resulted in a defendant ruling, and 17 (30.4%) resulted in a plaintiff ruling. The mean award for plaintiff rulings was $5,277,468 ± $6,348,462 (range $185,000-$19,792,000), which wa...Continue Reading

References

Jan 21, 2010·Journal of Spinal Disorders & Techniques·Nancy E Epstein
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Citations

Dec 5, 2017·Orthopaedic Journal of Sports Medicine·Steven L BokshanBrett D Owens
Apr 5, 2019·The Journal of Bone and Joint Surgery. American Volume·Shaan A AhmedAlan H Daniels
Apr 26, 2019·Current Opinion in Infectious Diseases·Maja BabicElie F Berbari
Aug 9, 2020·Global Spine Journal·Keith L JacksonJohn DeVine
Jul 29, 2020·Asian Spine Journal·Zachary Tuvya SharfmanDavid Claude Kramer
Jul 23, 2020·The Journal of the American Academy of Orthopaedic Surgeons·Joseph H Schwab, Akash A Shah

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Software Mentioned

Excel
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