Wrong disc space level surgery: Medicolegal implications

BACKGROUND Operating the wrong disc level for herniated disc disease is a rarely reported complication. However, it is considered by many a breach in the standard of care. It is not unusual for litigation to result. Sixty-nine cases of wrong disc space level surgery were identified; 68 cases were the subject of lawsuits. METHODS Sixty-five lawsuit outcomes were published in a national monthly newsletter of malpractice cases, Medical Malpractice Verdicts, Settlements and Experts. Two cases came from medicolegal review, one case from a news article, and one case for which no claim was made. RESULTS Thirty-seven cases were settled. A plaintiff verdict was rendered in 18 cases and a defense verdict in 13 cases (42% of the cases that were decided by a jury). CONCLUSIONS The authors summarize steps to reduce the incidence of this misadventure. The authors recommend that the patient be advised of this potential and the patient be informed of the risk factors when special circumstances exist. (C) 2004 Elsevier Inc. All rights reserved.