Outpatient Surgery Magazine - Subscribers

The Affordable Care Act - March 2015 - Outpatient Surgery Magazine

Outpatient Surgery Magazine, providing current information on Surgical Services, Surgical Facility Administration, Outpatient Surgery News and Trends, OR Excellence and more.

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4 1 M A R C H 2 0 1 5 | O U T P A T I E N TS U R G E R Y. N E T Anesthesia or spine surgery? A patient with a 20-year history of back pain tried steroid injec- tions and spinal manipulation without relief before consulting with Richard Kaul, MD, an anesthesiologist who advertised that he specialized in spinal surgery. The patient's pain, which extend- ed into his right leg, was diagnosed as lumbar radiculopathy caused by a herniated disc in his lumbar spine. Dr. Kaul recom- mended a lumbar fusion at the L4 – L5 and L5 – S1 levels. He explained to the patient that he'd perform a minimally invasive surgery to correct the problem by implanting 2 mesh cages and securing them in place with bone screws. The patient consented to the surgery with the expectation that he'd be back at work in 2 weeks. When the patient woke up in the PACU, the pain in his right side was improved, but he said he experienced significant pain on his left side. This was new. He had difficulty moving the left leg and walking was painful, so he went for X-rays. Dr. Kaul reviewed the troubling images and told the patient he could resolve the prob- lem with another surgery, court records say. The patient declined surgery and instead sought more conservative treatment. 11 patients sue for malpractice and negligence Two years after the initial surgery, the pain continually worsened and the patient experienced depression. He consulted a neurosur- geon who said that the mesh implant was pinching a nerve and the bone screws had been misplaced. The patient underwent fur- ther surgery with improvement; however, his ability to walk remained impaired. The patient filed a lawsuit against Dr. Kaul for damages, includ-

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