The study authors queried “VerdictSearch” for spinal cord injury cases between 2000 and 2010. They categorized cases into “error in diagnosis” — 48 cases — and “error in treatment” — 25 cases. The researchers found:
1. Surgeons sued for an error of treatment had a relative risk of 2.69 to receive a defense verdict when compared with surgeons sued for error in diagnosis.
2. The average value was highest in the thoracic spine. Broken down, the values were:
• Thoracic spine: $1.9 million
• Cervical spine: $1.8 million
• Lumbar spine: $750,000
3. The average monetary award for a plaintiff verdict was higher than in the settlement. The award was $2.9 million for the plaintiff verdict, compared with $1.45 million for the settlement.
4. There weren’t any significant differences based on age, sex, occupation and level of injury.
5. The researchers concluded physicians are more likely to successfully defend a lawsuit for an error in treatment than an error in diagnosis.
“The key to increase the success of defending a lawsuit in regard to spinal cord injury is to avoid delayed and incorrect diagnosis,” concluded the study authors.
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The economics of robotic spine surgery—Why it could have a place in the future
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Fallout from the physician shortage: How will it affect spine care?
