Spine surgery is technically difficult and requires a high level of surgical skill. Surgeons are trained to be especially cautious when operating around the spine. There is a generally accepted standard of care that applies to all medical staff involved in the care and treatment of spinal surgery patients. If the standard of care is violated, catastrophic consequences can result.
In the medical malpractice case against Cincinnati Children’s Hospital and spinal surgeon Dr. Atiq Durrani, a Cincinnati jury found that the medical center acted with malice in allowing Dr. Durrani to perform spinal surgery on 12-year-old Jacob Cotter. The jury awarded $2M in damages. The complaint claimed the surgery Durrani performed on Cotter was improper and/or medically unnecessary. Durrani used a biologic called “Infuse” without informing Cotter or his family. In addition, the lawsuit charged Durrani with using the biologic for a purpose that has not been approved by the FDA. Plaintiff’s counsel stated that Cotter got a staph infection after the surgery and his incision tore open. He now experiences worse pain than before surgery and requires constant monitoring and management.
When a spinal surgery error occurs, the complications can severely degrade the life of patients for many years. One of the surgical team’s responsibilities is to inform the patient of potential complications of surgery. In this case, Dr. Durrani did not inform the patient or his family regarding the biologic treatment and further, did not use it appropriately. There are hundreds of surgery malpractice cases filed against Dr. Durrani and Children’s Hospital. The defendant fled to Pakistan in 2013. The jury found Cincinnati Children’s Hospital vicariously liable for Durrani’s medical negligence.
In the news this week, Durrani’s former boss and current president of Children’s Hospital in Omaha, Richard Azizkah, MD, will be included as a defendant in 528 malpractice lawsuits. Ten Children’s Hospital surgeons have resigned.
In a medical negligence lawsuit, complex medical and legal issues need to be researched and evaluated by a professional. Hiring a top spine surgery expert witness to investigate and present the facts of your case is paramount in winning your lawsuit. Contact Elite Medical Experts to secure a leading university healthcare expert witness for your legal team.