Orthopedic Surgeon Malpractice: Navigating the Gray Areas

In the world of orthopedics, surgeries often present unexpected challenges.  Patients, while seeking relief, must understand that these procedures can carry inherent risks.  However, where should we draw the line between these risks and potential malpractice?

Becker’s Spine Review, in an article titled “2 spine surgeons beating malpractice allegations,” discussed a patient in 2019 that alleged a screw used in her spine surgery had been incorrectly positioned into her nerves. However, the doctor’s defense demonstrated that the screw was in the epidural space of the spine and not touching any nerves.

In the same article, another spine surgery case was discussed.  It involved the misplacement of six screws, which were swiftly corrected within 24 hours.  However, the patient claimed to experience ongoing discomfort and lack of feeling in her right leg, raising concerns about her second surgery.

Similarly, KevinMD published an article, “For orthopedic surgeons, an all-of-the-above approach lowers liability risks,” about a hip replacement patient who suffered severe bleeding and a possible artery crush injury during the surgery.  A vascular surgeon intervened to address these complications, but the patient’s condition deteriorated, culminating in infections and, ultimately, above-the-knee, amputation.

The above cases demonstrate that there isn’t one clear answer for where to draw the line between risks and potential malpractice.  They also highlight the importance of some general principles to adhere to for the safety of both patient and surgeon:

  • Accurate documentation
  • Prompt response to unexpected situations
  • Vigilant post-operative care

Ultimately, these cases remind us of the intricate nature of orthopedic surgery. While patients must advocate for their well-being, surgeons must also strive for precision, and everyone involved should prioritize preventing avoidable complications.  But where should the balance lie between patient trust and surgeon accountability?  It’s a question worth pondering while navigating orthopedic surgery.