Large vessels, if present, can be under-run with suture. The diagnosis of a dural tear in the operating room or in the clinic are imperative to prompt management. the name of your unique Internet service provider; the town/city, county/state and country from which you access our website; the number of links you click within the site; certain searches/queries that you conducted via our website(s). One study suggests that the anteroposterior diameter of the thecal sac at the S1 level should be greater than that of the thecal sac at the L4 level in order to describe dural ectasia 4. The authors present their experience with this injury. The consent process should be improved to better help patients understand the possible outcomes of surgery. Reasons for wrong-level disc surgery include: The standard of care in spinal surgery includes operating at the correct site of the lesion using imaging guidance. Despite the advances in the field of neurosurgery over the past several decades, neurosurgery tops the list of specialties with malpractice claims made against it owing to the risk of morbidity and mortality from both operative intervention and the natural history of the clinical conditions treated. Effective communication is vital; physicians should develop a clear, straightforward style of communicating with patients, colleagues and other members of the treatment team. 2-5 A dural graft may be preferable to using alternatives from the patient’s body. If you or your family has experienced a similar surgical injury, you can trust that our firm is experienced in compassionately handling your claim in Allegheny County. Some controversy exists over informed consent with regard to these injuries. Other risks and complications include the following: In the surgery report it stated from doctor the patient was correct she had a dura tear and leak. You can opt out of Google’s use of cookies by visiting Google’s Ad Settings. As described in more detail above, we track user activity using web server logs, cookies and similar technologies. If the surgeon suspects such an injury, immediate steps should be taken to obtain diagnostic studies or intra-abdominal exploration. The dura is a watertight sac of tissue that covers the spinal cord and spinal nerves. However, if the shunt’s removal or replacement is exceptionally difficult intraventricular antibiotic treatment may be tried. Management of Dural Tears Ehsan Saadat John M. Rhee General Principles of Dural Repair The key to managing dural tears is to prevent them: NEVER perform a move in spine surgery unless you are absolutely certain it is safe. However, the onset of neurological signs and/or bowel or bladder symptoms should alert the GP to the possibility of a cauda equina syndrome and the need for urgent admission. The authors found dural tears in about 12% of operative cases. Lawsuit accuses Homeland Security of violating environmental law with Portland tear gas deployment. The risk of durotomy and its potential sequelae should be discussed with the patient during the consent process. Dural Tear. As part of the Choosing Wisely initiative, the American Association of Neurological Surgeons (AANS) and Congress of Neurological Surgeons (CNS) have released a list of the 5 tests or procedures that are commonly ordered, but not always necessary, in neurosurgery. In all settings, thorough consultation with patients and their families is critical in neurosurgery to achieve good patient care and to reduce injury and liability. Wrong-level disc surgery is the second most common reason for reoperation for a herniated disc (recurrent disc herniation being the most common reason). Following decompression surgery for a large central L3/4 disc prolapse at the neurosurgical facility, she had a limited recovery in bladder function and has been receiving complex treatment to improve this for the last three years. Dural substitutes can be either biological — harvested from animals or human cadavers — or synthetic, and are applied as an onlay or suturable grafts. There were four lawsuits against peripheral nerve surgery. Additionally, visceral injuries are estimated to occur in 3.8 of 10,000 cases. If you do not wish to receive such communications, you may opt out (unsubscribe) as described below. dural tear, bleeding, infection,improper use of instrumentation, and pseudoarthrosis. change/correct any data we have about you; ask us to delete any data we have about you; and/or. We conducted a retrospective review of 287 closed neurosurgical malpractice lawsuits from February 2006 to December 2016. Most Internet browsers are initially set up to accept cookies, but you can use your browser to either notify you when you receive a cookie or to disable cookies. Dural tears remain one of the most common complications of surgery related to the lumbar spine. Your surgeon will be aware of the risk of a dural tear, and if it does occur they will close the tear with stitches. Perioperative ischemic optic neuropathy (POION) – Despite its relative rarity, perioperative vision loss after spine surgery garners considerable interest in the medicolegal forum. Other studies have observed dural tear rates of 5.3% for open diskectomies, 17.4% for reoperation of herniated disks, 7.6% during primary lumbar surgery, and 15.9% for revision cases. In case of head injury, a dural tear is likely in case of a depressed skull fracture. Her injuries are permanent and she is unable to work because of the paralysis of both her arms. Other surgeons feel that it is much easier to explain an unplanned abdominal incision to the patient if the potential complication was mentioned preoperatively. The patient should be notified of the occurrence and carefully monitored and treated for any sequelae. The vast majority of cases involved elective spine surgery for degenerative spine disease, and the majority of those spine cases involved placement of instrumentation. Alleged improper performance of surgery caused nerve root trauma and a dural tear, retained bone spicules and a persistent spinal leak has rendered the patient disabled with back pain. Also, some dural tears are devilishly hard to close, and I would not automatically consider it malpractice for a csf leak to recur even more than once. He is discharged the following day. The servers automatically capture and save the information electronically. opt out of future communications from us. Cookies also can tell us where visitors go on a website and allow us to save preferences for you so you won’t have to re-enter them each time you visit. If you submit any Sensitive Information, you do so at your own risk and we will not be liable to you or responsible for consequences of your submission. You could also do it yourself at any point in time. Tears to this tissue can cause cerebrospinal fluid leaks and increase your risk of other health issues. The proportion of neurosurgeons dealing with a claim each year is 19%, compared with 5% in family medicine. April 20, 2016. “There is an awful lot of waste in the medical care system,” Dr. Harbaugh said. Web server logs: When you visit our website, we may track information about your visit and store that information in web server logs, which are records of the activities on our sites. It might seem as though the dural tear is to blame for all of the subsequent complications, but this sort of tear in the tissue covering the spinal cord is a common, minor complication of spinal surgery that rarely causes long-term problems. Just as you describe, they are supposed to be awful. In spinal surgery, these common causes include lumbar laminectomies for discetomies, posterior cervical laminectomies, and lumbar decompression for stenosis. “At least from my experience, much of that waste is treating things that don’t need to be treated, screening examinations that are unlikely to give you any meaningful information, and just unnecessary testing. Records should be organized and legible. In his excellent review … One successful lawsuit against faulty surgical technique due to wrong level surgery was filed two years following the procedure. Please see “Cookies” in the section above for more information on how you can control the use of cookies on your computer. Bacterial meningitis accounted for more than half of all infections after suboccipital craniotomy and translabyrinthine operations. Most dural tears heal without incident. We use the information primarily to provide you with a personalized Internet experience that delivers the information, resources, and services that are most relevant and helpful to you. Studies also show that many physicians do not have a favorable view of informing patients about mistakes and health care workers are afraid to speak up if things don’t seem right. Please do not submit any confidential, proprietary or sensitive personally identifiable information (e.g. Keywords: Dural tear… 3).Download : Download high-res image (193KB) Additional risk factors are intraoperative hypotension, anemia and a prolonged procedure. Vascular injuries (aorta, vena cava or iliac vessels) are estimated to occur at a rate of 1.6 to 17 per 10,000 cases, with an associated mortality of 15 percent to 62 percent. It is absolutely possible for a dural tear to be present but not recognized by a surgeon. Dural tear is associated with an increased rate of other perioperative complications in primary lumbar spine surgery for degenerative diseases S. Takenaka , … Clinical signs and conventional laboratory tests, apart from bacterial culture, cannot differentiate between bacterial and aseptic meningitis, but a drop in the level of consciousness suggests bacterial meningitis. Likewise, the failure to recognize a dural tear at surgery must not be construed as malpractice, as delayed tears do occuri.e. The recent study found that in the 48 dural tear-related medical malpractice cases that were analyzed, 86.7% alleged neurological deficits and 56.3% of the cases resulted in a ruling in favor of the defendant physician. Cauda equina syndrome has an incidence of 2.2 percent to 3.2 percent following lumbar disc herniation. to agents, website vendors and/or contractors who may use it on our behalf or in connection with their relationship with us; if we are unable to assist with your matter, but know an unaffiliated attorney or firm that may be able to help you, we may refer you and share information you provided us with that party; and. Please keep in mind that we do not share your personal information with any third-party advertiser, ad server or ad network. These third parties may use cookies, web beacons and similar technologies to collect or receive information from this website and elsewhere on the internet. Limit uncertainty by reinforcing watertightness at the dural closure stage thanks to DuraSeal ® Cranial Sealant System.. Don’t routinely obtain CT scanning of children with mild head injuries. The case settled for $475,000.00. Cookies: In order to offer and provide a customized and personal service, our websites and applications may use cookies and similar technologies to store and help track information about you. Contribution. transitional anatomy), inadequate radiographic exposure or incorrect counting, Inadequate radiographic visualization because of large body habitus or operating table limitations, Failure to recognize that operated level does not demonstrate the expected pathology, Implantation of foreign body (associated with one-half of the infection). Recovering from a Dural Tear and Patch, 4 months later A quick little digression from the usual subject, runner's dystonia, to update on another little-understood (and possibly related) injury/condition, a spinal dural tissue tear. Late-presenting dural tears occurred in 2.0 per 1,000 patients who underwent spine surgery. He dropped the lawsuit after DOH agreed to settle the case if Bonati donated $50,000 to charity and paid the state’s costs of more than $100,000. We will not sell, rent, or lease mailing lists or other user data to others, and we will not make your personal information available to any unaffiliated parties, except as follows: You may opt out of any future contacts from us at any time. This privacy policy applies to information collected online from users of this website. An inadvertent dural puncture results in the leakage of cerebrospinal fluid (CSF) through the dural tear into the epidural space. One hundred and forty-one cases were settled. At the time, protesters were outside calling for the release of nonviolent inmates because of a … The dura is a watertight sac of tissue that covers the spinal cord and spinal nerves. A dural tear is a complication of spine surgery in which the thin covering over the spinal cord (called dura mater) is nicked by the surgeon’s instrument. This syndrome is the basis for medical liability claims for several reasons. California Do Not Track: Our web services do not alter, change, or respond upon receiving Do Not Track (DNT) requests or signals in browsers. | Disclaimer. However, we cannot guarantee that unauthorized persons will always be unable to defeat our security measures. As a result, spinal fluid leaked from the plaintiff's spinal canal. Whenever possible, the surgeon should obtain an appropriate and complete informed consent in the office prior to surgery, not in the hospital room or preoperative holding area, and document the consent process in the office notes. Recent studies show the importance of thorough patient consultation not only preoperatively with informed consent, to guide surgical decision making and reduce patient anxiety, but especially postoperatively, to enable patients to participate effectively in their own recovery. Craniotomy increased the risk of a shunt becoming infected. You can visit this page to opt out of AdRoll’s and their partners’ targeted advertising. We feel as if tonight, Abel will make a point to show out to the highest extent. Choosing Wisely Initiative – A continuing trend of ‘defensive medicine’ has been observed among neurosurgeons whereby clinically unnecessary diagnostic imaging and consultations may be conducted and high risk procedures may be avoided to satisfy a perceived legal risk. The following 5 “evidence-based recommendations” can support physicians in working with their patients to make wise choices about their care, the organizations say: “Neurosurgeons are committed to identifying the right treatment, for the right patient, at the right time to help eliminate unnecessary procedures, optimize outcomes, and reduce healthcare costs,” AANS President, Robert E. Harbaugh, MD, said in a statement. 1. Three of these cases had an associated dural tear. Goodman et al. There were six lawsuits of nerve root injury resulting in foot drop and one resulting in loss of plantar flexion. A case in our review illustrates this point. Some surgeons consider these injuries so rare that they do not warrant inclusion in the consent process other than in the general discussion of death. Cerebrospinal fluid cushions the nerves, and they become susceptible to injury when this cushioning fluid is lost and the nerves are placed under tension. Higher incidences may be associated with larger procedures and revision procedures, in ankylosing spondylitis, and with advanced age; the risk for complications in spinal surgery, including dural tear, increases in older … Vascular and visceral injuries – Vascular and visceral injuries secondary to perforation of the anterior annulus fibrosis represent some of the most lethal complications that the neurosurgeon encounters. Six of the lawsuits were resolved in favor of the plaintiff. Patients who underwent lumbar procedures, decompression procedures, and procedures with operative duration ≥250 minutes were at increased risk for LPDT. Causes and Symptoms of Spinal Dural Tears. Tear gas used against Portland protesters poses local health risk, lawsuit alleges By Andrew Selsky The Associated Press Posted October 20, 2020 10:34 pm COVID-19 UPDATE – Our Legal Team is Fully Operational. Most cases (56.3%) resulted in a ruling in favor of the defendant physician. A burr hole is made through the normal skull near the fractured portion, and Adson's elevator is introduced. Dural tear. The woman's postoperative symptoms were very different from the symptoms of a dural leak, which most commonly include positional headaches, nausea, and … Bone flap infections accounted for more than half of all infections after supratentorial craniotomy. Epidural blood patch (EBP) is a common method for treating postural headache in patients with accidental dural puncture. Understanding the factors associated with negligence lawsuits is vital if we are to identify areas of underperformance and subsequently improve patient safety. Fifteen hours after placement of a lumbar drain she developed pure alexia and color agnosia caused by left lateral sinus thrombosis with hemorrhagic infarction in the posterior inferior left temporal lobe. Information that you provide to us through the contact form or an online chat will be used so that we may respond to your inquiry. If a tear and leak occurs, this imbalances the fluid around the brain. Effective September 14, 2015. Incidental durotomy -- small tears of the outer membrane of the spinal cord -- are a common occurrence in spinal surgery, and may lead to litigation. Although rarely the sole basis for a lawsuit, incidental durotomies with associated sequelae appear to be a common factor prompting lawsuits. Dural rents or tears should be indentified during surgery and should be proactively tackled to avoid post operative complications. Any patient with post-dural injury headache that intensifies after an initial plateau, persists for longer than a week, or loses its orthostatic character should be evaluated for intracranial sinus or venous thrombosis. The hydrogel technology of the DuraSeal ® Family of products offers sealing solutions to reinforce CSF leakages prevention during dural repair procedures.. Accidental dural puncture (ADP) during placement of an epidural catheter for anesthesia and analgesia is a well known complication. RESULTS: In total, 48 dural tear-related medical malpractice cases were analyzed. Was Dr’s initial puncture of the dura a breach of the standard of care. A surgeon in Arizona repaired the dural tear and told Jenks that Wood had failed to complete the spine operation. Thorough documentation is also important. 5 In each case, the durotomy was accompanied by an associated complication or sequelae (Table 5). Just better. These services may collect information sent by your browser as part of a web page request, including your IP address or cookies. The source code for the WIKI 2 extension is being checked by specialists of the Mozilla Foundation, Google, and Apple. He asked for the case to be stopped, but there was a delay because the orthopedic surgeon had to repair a dural tear, place the bone back in the gutters, and close a 15-to-18-inch incision. Such an injury is not an acceptable complication of lumbar disc surgery. This, in turn, causes what is known in medicine as a "spinal headache." “Participating in the Choosing Wisely initiative is a key step in this process.”. By visiting this website, you consent to the use of cookies and similar technologies in accordance with this Privacy Statement. Dural tear is a known complication of spinal surgeries, such as laminectomies, spinal fusions, and disc excisions. In a review of 21 malpractice claims (18 vascular and 3 visceral injuries), the plaintiff was successful nearly half of the time. The following cases illustrate two successful lawsuits against faulty surgical technique in cranial surgery: misplaced drain in brain cortex during evacuation of a subdural hematoma, resulting in a non-reversible neurological deficit, and incomplete meningioma removal. Sometimes, your surgeon can detect the dural tear during surgery and repair it immediately. Quite the same Wikipedia. Lisa Wollman, MD, filed the lawsuit against Massachusetts General Hospital after witnessing surgeons perform simultaneous operations without the patients' consent. From a medical negligence standpoint, a dural tear can happen even in the absence of negligence. The complications of a neurosurgery error can be devastating, including permanent brain damage, paralysis, coma, and death. described two cases where there were inadvertent dural punctures into the subdural space [18]. In the context of clinical emergencies, delay in diagnosis or referral from the local hospital presents a high risk to patient safety and can be associated with costly litigation. Judge Brutally Tears Apart Failed Election Lawsuit of Sheriff Who Recently Defended Accused Plotter of Gov. It has been reported that the incidence of dural tears is much greater in endoscopic procedures. 2. Additionally, nursing staff charged with performing neurologic exams are responsible for reporting changes in motor or visceral functions and incontinence. Because of their condition, Plaintiff GORDON experiences migraines, eye pain, blurred and double vision, nausea, photophobia, and periodic cognition issues while sitting upright. Request PDF | Postoperative Management Protocol for Incidental Dural Tears During Degenerative Lumbar Spine Surgery: A Review of 3,183 Consecutive Degenerative Lumbar Cases … The neurosurgical facility ultimately treating the patient was not always implicated but rather the referring local hospital to which the patient first presented. Peripheral nerve surgery – Peripheral nerve surgery was performed most commonly for carpal tunnel syndrome or ulnar neuropathy. This client now suffers from cauda equina syndrome, which is caused by significant narrowing of the spinal canal that compresses the nerve roots below the level of the spinal cord. Dural tear—Unintended incidental durotomy is one of the most common complications of lumbar spine surgery. User-supplied information: If you fill out the “contact” form on this website, we will ask you to provide some personal information (such as e-mail address, name, phone number and state). If dural tear is associated with haemorrhage from dural vessels, they are coagulated using diathermy. In general, the tear is noted at the time of operation when leakage of cerebrospinal fluid (CSF) is noted by the surgeon. In an example of one such case, a 45-year-old female complained of abdominal tenderness and distention immediately after microdiscectomy for L4-5 and L5-S1 disc herniation. It is not a good idea to rely on memory rather than documentation. Nerve Damage Case Value – Nerve Injury Lawsuit – Example Carla is a 23 year old teacher who is a victim of severe nerve damage and partial paralysis of her arms due to a truck accident. Surgeons are often unaware that they have breached the anterior annulus or that there has been a vascular or visceral injury, because the telltale brisk bleeding associated with most large vessel injuries often does not occur. Delayed or wrong diagnosis was the second most common lawsuit against spinal procedures. Meticulous surgical technique aids in prevention of dural tears, watching for bone spike and hardware penetration, which can range from a pinhole to laceration multiple centimeters in length (Fig. It includes: Posture There is no evidence to support bed rest or specific postures following PDPH. I hope that your spine doctor was transparent enough to explain why this happened. Dural tears are a relatively common but not always trivial complication during discectomy and laminectomy procedures. Dural tears can occur in certain procedures during cervical spine dissection and decompression. Third-party Services: We may use services hosted by third parties, including Adobe Site Catalyst, to assist in providing our services and to help us understand the use of our site by our visitors. A thorough history and physical exam, including documentation of rectal tone and peri-anal sensation, are crucial to making the diagnosis. The defendant doctor strongly disagreed and contested liability. MATERIAL AND METHODS: The study was a retrospective, consecutive review of electronic patient records after spinal surgery at the Private Hospital Hamlet. The information you obtain at this site is not, nor is it intended to be, legal advice. The consequences of a delayed diagnosis of cauda equina syndrome can be extremely serious for the patient. Only 23 of them had dural tear complications. Of the successful lawsuits against faulty surgical technique in spinal surgery, thirteen were due to wrong level surgery secondary to inadequate use of intraoperative x-ray guidance to check the vertebral level. Imaging with plain upright chest radiographs or abdominal computed tomography may demonstrate free air in the abdominal cavity. Wrong level – Minimizing medicolegal risk in spinal surgery must evidently focus on reducing faulty surgical technique, given its high incidence, high likelihood of success and potential costs. If you wish to disable cookies from this site, you can do so using your browser. NEURORADIOLOGY/INTERVENTIONAL NEURORADIOLOGY, Intraoperative Neurophysiological Monitoring, https://www.topneurodocs.com/wp-content/uploads/2017/02/NEUROSURGERY.jpg, https://www.topneurodocs.com/wp-content/uploads/2018/01/TND-Logo.png, A Review of Neurosurgical Malpractice Lawsuits, Updated Guidelines for Severe TBI Still Have Holes, Complications of Carotid Endarterectomy (CEA) in the Postanesthesia Care Unit (PACU), Major Depressive Disorder (MDD) or Clinical Depression, Cauda Equina and Conus Medullaris Syndromes, No localizing radiographs or fluoroscopy obtained, Misinterpretation of localizing studies because of congenital variation (i.e. Shunt infection was more common after repeated shunt operations in quick succession. The use of an electrocautery device during a posterior exposure, a pituitary rongeur during anterior diskectomy, a Kerrison rongeur during resection of the posterior longitudinal ligament and posterior foraminotomy, and elevation of the lamina during laminoplasty may all inadvertently tear the dura. We only require that you provide an e-mail address on the contact form. We use cookies to help remind us who you are and to help you navigate our sites during your visits. Type 2 – meningeal diverticula – extradural CSF collection in ~ 1/4 2a – simple diverticula 2b – complex meningeal diverticula / dural ectasia Cookies are simply small pieces of data that are sent to your browser from a Web server and stored on your computer’s hard drive. 437 Grant Street, Suite 200, The Frick Building, Introduction. Previous studies have found audiometric deterioration following ADP. Less than a month later, plaintiff is admitted again at Sinai Hospital for a lumbar wound complication. The highest median payouts were for faulty surgical technique ($430,000) and delayed diagnosis/misdiagnosis ($410,650). It most commonly occurs in the lumbar region. Find out why Rosen & Perry are the Caring Lawyers. In 79 percent of the cases patient care originated with an office visit. His mobility had worsened, with several falls over 3 months. Information collected in web server logs helps us analyze website usage and improve the user’s experience. Although the emergency department physician considered a diagnosis of cauda equina syndrome, magnetic resonance imaging (MRI) to confirm the diagnosis was only requested on an urgent rather than emergent basis, resulting in a 24-hour delay in performing the scan. However, the client suffered more than a dural tear-the pattern of neurological impairment seen following the client’s surgery denotes injury to the client’s cauda equina. Neurosurgeons should document every case completely, including their thought processes and all relevant details. High-Velocity Collision Injures Client’s Wrist, Non-Compliant Handicapped Restroom Leads to Injuries, Eventually Death, Automobile Accident Injures Client’s Shoulder.
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