Originally from:
Preparing And Winning Medical Negligence Cases - 3rd Edition - Hardcover
Preparing and Winning Medical Negligence Cases- 3rd Edition - Electronic
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NEUROSURGERY
by Bruce L. Wilder
§ 12.01 In General
[1] Introduction
Recognizing that, in neurosurgery, as in other fields of specialization, there is no absolute yardstick by which one can determine whether a case is meritorious, I hope this chapter will help lawyers evaluate the strong and weak points in their cases in the very early stages. It has long been the claim of some that far too many malpractice suits are filed, and that most are frivolous. On the other hand, no one can deny that malpractice occurs, and that compensation for the resulting injuries should be available.
It has been suggested that the frequency of injury due to substandard or negligent care and treatment is several times that of the frequency of such cases that actually result in claims or lawsuits. There are, perhaps, several reasons for this: the patients or their families may not be aware that there has been negligent treatment, or the “value” of the case to an attorney is not enough to justify the amount of time and effort required to pursue it.
CHAPTER 12
NEUROSURGERY
Bruce L. Wilder, MD, MPH, JD
SYNOPSIS
§ 12.01 In General
[1] Introduction
[2] Definitions
§ 12.02 Education, Certification, and Professional Organizations
[1] Premedical Education
[2] Medical Education
[3] Postgraduate Training
[4] Board Certification
[5] Recertification/Maintenance of Certification
[6] Subspecialty Certification
[7] Professional Societies
§ 12.03 Types of Neurosurgical Practice
[1] Academic Practice
[2] Private Practice
[3] Research
[4] Government Positions
[5] Hospital-based Practice
§ 12.04 Scope of Neurosurgical Practice
[1] In General
[2] Office or Clinic Practice
[3] Hospital Practice
[4] Outpatient Surgery and Ambulatory Surgical Centers
[5] Independent Medical Examinations and “Second Surgical Opinions”
[6] Medical-legal Consultations and Expert Opinion Evidence
§ 12.05 The Spectrum of Clinical Practice
[1] In General
[2] Cerebrovascular Surgery
[a] Cerebral Aneurysms
[b] Arteriovenous Malformations
[c] Extracranial Cerebrovascular Disease
[d] Other Cerebrovascular Disease
[3] Functional Neurosurgery
[a] In General
[b] Movement Disorders and Spasticity
[c] Psychiatric Disorders
[d] Seizure Disorders
[e] Pain
[4] Pediatric Neurological Surgery
[a] In General
[b] Spina Bifida
[c] Hydrocephalus
[d] Shunt Procedures and Complications
[e] Other Congenital Abnormalities
[f] Neoplasms
[g] Spine Surgery in Children
[5] Spine Surgery
[a] Cervical Spine
[b] Thoracic Spine
[c] Lumbosacral Spine
[i] Lumbar disc disease
[ii] Other degenerative conditions of the lumbar spine
[iii] Nontraumatic instability of the lumbar spine
[d] Spine Infections
[e] Neoplastic Diseases
[f] Vascular Lesions
[g] Trauma
[h] Disc Disease
[i] Complications of Spine Surgery
[i] Surgery with the patient in the sitting position
[6] Peripheral Nerve Surgery
[a] Entrapment Syndromes
[b] Surgery of Nerve Injury
[c] Surgery of Nerve Tumors
[d] Surgery of Autonomic Nerves
[7] Infections
[a] In General
[b] Intracranial Infections
[c] Intraspinal Infections
[d] Meningitis
[e] Disc Space Infection
[f] Osteomyelitis
[8] Disorders of Cerebrospinal Fluid Circulation and Absorption
[a] In General
[b] Communicating Hydrocephalus
[c] Obstructive Hydrocephalus
[d] Benign Intracranial Hypertension (Pseudotumor Cerebri)
[e] Shunt Procedures and Complications
[9] Neurotrauma
[a] In General
[b] Peripheral Nerve Injury
[c] Craniocerebral Trauma
[i] Scalp injuries
[ii] Injuries to skull and dura
[iii] Glasgow Coma Scale
[iv] Intracranial pressure monitoring
[v] Intracranial complications of head trauma
[d] Spine and Spinal Cord Injury
[10] Neuro-oncology and Tumor Surgery
[a] In General
[b] Intrinsic Brain Tumors
[c] Pituitary Tumors
[d] Metastatic Tumors
[e] Tumors Arising from Skull, Meninges, Nerves
[f] Other Considerations
[11] Endoscopic and Minimally-invasive Surgery
[12] The Surgical Treatment of Pain
[13] Complications in Neurosurgery
§ 12.06 Diagnostic Studies
[1] Roentgenography (X-ray Studies)
[2] Computed Tomography (CT)
[3] Angiography
[4] Spinal and Ventricular Puncture
[5] Myelography
[6] Magnetic Resonance Imaging (MRI)
[7] Electrophysiology
[a] Electromyography
[b] Nerve Conduction Studies
[c] Electroencephalography [EEG]
[d] Evoked Potentials
[8] Other Diagnostic Modalities
§ 12.07 Medical-legal Problem Areas
[1] In General
[2] Experimental and Innovative Surgery
[3] Marketing and Advertising
[4] Self-referrals and Referral among Co-investors
[5] Care Standards, Guidelines, and Practice Parameters
[6] Misdiagnosis
[7] Reviewing Diagnostic Studies
[8] Errors of Judgment
[9] Informed Consent
[10] Evidence of Technical Errors
[11] Telemedicine and the Internet
[12] Hospital Medical Staff Credentialing
§ 12.08 Medical Records
[1] In General
[2] The Anesthesia Pre-operative Evaluation
[3] Operating Room Nursing Record
[4] Anesthesia Record
[5] Post-Anesthesia Recovery Room Record
[6] The Electronic Medical Record (EMR)
[7] Office Records
§ 12.09 Related Topics
[1] Peer Review Procedures
[a] Protection of Peer Review
[2] The Neurosurgeon as Expert Witness
[a] Expert Witness Fees
[b] Bias
[c] Expert Witness Agencies
[d] Liability as an Expert Witness
[e] Disciplinary Action for Expert Testimony
[3] Effect of Tort Reform
[4] Health Care Quality Improvement Act of 1986 and
the National Practitioner Data Bank
[5] Patient Safety and Quality Improvement Act of 2005 (PSQIA)
[6] Neurosurgeon-industry Conflicts of Interest
[7] Attorney Sanctions
Bruce L. Wilder, MD, MPH, JD. Practicing Neurological Surgeon; certified by the American Board of Neurological Surgery; admitted to practice law in Pennsylvania and before the United States Supreme Court; graduate of the Johns Hopkins School of Hygiene and Public Health; Counsel to the law firm of Wilder & Mahood in Pittsburgh.
