{"title":"Implications of telemedicine","authors":"Joshua M. Eisenberg , John M. Rhee","doi":"10.1016/j.semss.2024.101121","DOIUrl":"10.1016/j.semss.2024.101121","url":null,"abstract":"<div><p>This article explores the transformative impact of telemedicine on spine surgery, tracing its evolution from historic roots to its expansion during the COVID-19 pandemic. The widespread adoption of telemedicine is discussed, highlighting some of its benefits such as increased patient accessibility and satisfaction. Despite its advantages, telemedicine introduces complex legal considerations, specifically concerning licensure, malpractice and data security. The article examines the challenges spine surgeons face when practicing telemedicine across state borders, the nuances of malpractice liability in virtual settings, and the importance of maintaining high standards of care. It also highlights the importance of adhering to HIPAA regulations, ensuring secure data transmission, and navigating reimbursement complexities. This article should serve as a thorough guide for spine surgeons navigating the evolving telemedicine landscape, balancing innovation with patient safety and legal accountability.</p></div>","PeriodicalId":39884,"journal":{"name":"Seminars in Spine Surgery","volume":"36 3","pages":"Article 101121"},"PeriodicalIF":0.0,"publicationDate":"2024-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142136510","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Contributors to authors","authors":"","doi":"10.1053/S1040-7383(24)00052-2","DOIUrl":"10.1053/S1040-7383(24)00052-2","url":null,"abstract":"","PeriodicalId":39884,"journal":{"name":"Seminars in Spine Surgery","volume":"36 3","pages":"Article 101129"},"PeriodicalIF":0.0,"publicationDate":"2024-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S1040738324000522/pdfft?md5=aa43f1156f9e5d1235415fedf9b09537&pid=1-s2.0-S1040738324000522-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142135783","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Defining the process of malpractice claims and indemnity payments","authors":"Gregory S. Kazarian, Todd Albert","doi":"10.1016/j.semss.2024.101118","DOIUrl":"10.1016/j.semss.2024.101118","url":null,"abstract":"<div><p>Medical malpractice is defined as an omission or act that deviates significantly from the norms of medical practice and leads to harm or injury to the patient. The key legal elements of medical malpractice are 1) the presence of a patient-doctor relationship, 2) failure to meet a standard-of-care, 3) evidence of injury relating directly from sub-standard care, and 4) harm relating to that injury. If a patient feels as though they have been a victim of a medical error, the first step in the process of beginning a claim is that the patient/plaintiff will consult with an attorney who specializes in malpractice. If the case is determined to be valid, a suit can be filed to initiate a pre-discovery and deposition process. During the discovery process, information is gathered through interrogatories, requests for disclosure, requests for production, requests for admission, expert reports, and depositions. The pre-trial process generally culminates in a deposition. This step involves a formal proceeding whereby the physician provides a recorded testimony under oath, which may be used in the future if the suit is brought to court. Following this process, suits can be dropped, settled, or end in the pursuit of a trial. When a defendant is found liable in a medical malpractice case, the plaintiff is entitled to indemnity payments in proportion to the harm and damages associated with the malpractice case. Indemnity payments are expected to cover various damages, including economic, non-economic, and less often punitive damages. Economic damages include tangible medical costs, like medical bills, future medical care, lost wages, and future lost wages associated with the injury or disability resulting from the malpractice event.</p></div>","PeriodicalId":39884,"journal":{"name":"Seminars in Spine Surgery","volume":"36 3","pages":"Article 101118"},"PeriodicalIF":0.0,"publicationDate":"2024-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142136511","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Stephen D. Lockey , Anthony Chiu , Steven C. Ludwig , Alexander R. Vaccaro
{"title":"Overview of the spine medicolegal environment in the United States","authors":"Stephen D. Lockey , Anthony Chiu , Steven C. Ludwig , Alexander R. Vaccaro","doi":"10.1016/j.semss.2024.101117","DOIUrl":"10.1016/j.semss.2024.101117","url":null,"abstract":"<div><p>Spine surgeons face significant medicolegal risks over the course of their careers. Malpractice law is fragmented with an extensive variety of regulations depending on the individual state. The political environment in the United States is unlikely to address tort reform in the foreseeable future. Therefore, it is incumbent on spine surgeons to be familiar with the medicolegal framework and the strategies to mitigate risk. Additionally, with the growing use of enabling technology including navigation, robotics, and artificial intelligence, many questions remain about the impact of these systems on patient care and the responsible parties when the machines become more autonomous.</p></div>","PeriodicalId":39884,"journal":{"name":"Seminars in Spine Surgery","volume":"36 3","pages":"Article 101117"},"PeriodicalIF":0.0,"publicationDate":"2024-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142135785","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Radiographic fusion and subsidence rates for stand-alone cage versus anterior cage-plate construct in ACDF","authors":"","doi":"10.1016/j.semss.2024.101105","DOIUrl":"10.1016/j.semss.2024.101105","url":null,"abstract":"<div><h3>Study Design</h3><p>Retrospective cohort</p></div><div><h3>Background</h3><p><span><span><span>The addition of an anterior cervical plate to a structural allograft during </span>ACDF<span> is thought to provide extra stability and enhance fusion, but it may increase the risk of complications like dysphagia. Stand-alone cages were designed to provide this extra stability without the need for the plate, but these may increase a patient's risk of subsidence, </span></span>cervical dislocation<span>, and cervical kyphosis. The purpose of this study was to assess </span></span>reoperation rates and radiographic outcomes during follow-up longer than 6 months for patients who underwent ACDF with a cage and plate compared to stand-alone cage.</p></div><div><h3>Methods</h3><p>ACDF cases were retrospectively identified for four fellowship trained spine surgeons from 2016 – 2020 from two academic hospitals. A total of 57 stand-alone structural allograft constructs were matched via propensity scoring with a cohort of 65 patients with plate-secured structural allograft constructs. The primary outcome was reoperation rate within the follow-up period and secondary outcomes included complications, operative characteristics, readmission within 30 days, reoperation within 30 days and within follow-up, and radiographic outcomes. Immediate post-operative radiographs were compared to final follow-up radiographs at least 6 months post-operation to assess for evidence of subsidence, fusion, and change in cervical kyphosis using the Cobb angle technique.</p></div><div><h3>Results</h3><p>There were 5 patients (5.26 %) in the stand-alone cohort and 4 patients (3.15 %) in the plate cohort that had cervical reoperation at any time in follow-up (<em>P</em> = 0.83). At final follow-up, 58 patients (92.1 %) in the plate group and 37 patients (75.5 %) in the stand-alone group had radiographic evidence of fusion (<em>P</em> = 0.015). There were 38 patients (77.6 %) in the stand-alone group and 29 patients (46 %) in the plate group with evidence of subsidence (<em>P</em> = 0.0007). Patients with subsidence had a greater change in kyphosis angle at final follow-up and this change was significantly decreased in the plate group compared to the stand-alone group.</p></div><div><h3>Conclusion</h3><p>The use of anterior cage-plate constructs in ACDF produces higher rates of fusion and lower rates of subsidence than stand-alone cage constructs. Subsidence significantly increases the change in kyphosis angle between post-op and final follow-up, and the presence of a spanning plate significantly reduces this angle change compared to stand-alone cages. There were no statistically significant differences in reoperation rates, regardless of radiographic evidence of subsidence.</p></div>","PeriodicalId":39884,"journal":{"name":"Seminars in Spine Surgery","volume":"36 3","pages":"Article 101105"},"PeriodicalIF":0.0,"publicationDate":"2024-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141400283","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The medicolegal challenges in spine care of professional athletes","authors":"Junho Song, Jonathan Markowitz, Andrew C. Hecht","doi":"10.1016/j.semss.2024.101123","DOIUrl":"10.1016/j.semss.2024.101123","url":null,"abstract":"<div><p>Professional athletes are prone to spinal injuries, and the treatment of this distinct patient population involves additional medicolegal challenges that must be considered. Catastrophic complications and delay in treatment of complications are linked with plaintiff verdicts in legal claims. Clear communication, thorough informed consent, and prompt disclosure of errors or complications can mitigate litigation risks. Effective collaboration with the athletic team is important in optimizing a safe return to competitive play.</p></div>","PeriodicalId":39884,"journal":{"name":"Seminars in Spine Surgery","volume":"36 3","pages":"Article 101123"},"PeriodicalIF":0.0,"publicationDate":"2024-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142135788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Tort reform: The medicolegal environment surrounding spinal surgery","authors":"Joseph R. Linzey , Anand Veeravagu","doi":"10.1016/j.semss.2024.101124","DOIUrl":"10.1016/j.semss.2024.101124","url":null,"abstract":"<div><p>Spinal surgery is recognized as one of the most legally challenging specialties in the medical profession, with a history of complex and enduring issues related to medical malpractice. Spinal surgeons must be knowledgeable about common causes of medical malpractice in spinal surgery, such as intraoperative adverse events, wrong-level surgery, and neurologic surgery. Surgeons must stay informed about tort reform legislation in their respective states and their potential implications for their practices.</p></div>","PeriodicalId":39884,"journal":{"name":"Seminars in Spine Surgery","volume":"36 3","pages":"Article 101124"},"PeriodicalIF":0.0,"publicationDate":"2024-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142135789","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Zuhaad Hameed , Lawal A. Labaran , Francis H. Shen
{"title":"Strategies for litigation avoidance in spine surgery","authors":"Zuhaad Hameed , Lawal A. Labaran , Francis H. Shen","doi":"10.1016/j.semss.2024.101119","DOIUrl":"10.1016/j.semss.2024.101119","url":null,"abstract":"<div><p>Medicolegal cases frequently arise within the realm of orthopaedic and neurological surgery, with a notable presence within the field of spine surgery. Despite new protocols and technological advancements created for the purpose of minimizing the risk of litigation, the rate of medicolegal cases still remains high in the United States. Understanding the basis of malpractice claims offers insight into strategies for surgeons to avoid litigation. Surgeons should emphasize these strategies in the perioperative care setting as this period represents the largest percentage of malpractice claims. Cases that directly involve surgical management, while less frequent, do tend to result in larger indemnity payments.</p></div>","PeriodicalId":39884,"journal":{"name":"Seminars in Spine Surgery","volume":"36 3","pages":"Article 101119"},"PeriodicalIF":0.0,"publicationDate":"2024-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142135792","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Medicolegal implications of robotics in spine surgery","authors":"Avani Vaishnav , Sheeraz Qureshi","doi":"10.1016/j.semss.2024.101120","DOIUrl":"10.1016/j.semss.2024.101120","url":null,"abstract":"<div><p>Robotic assistance for spine surgery has seen a resurgence in the last decade, with numerous navigation-integrated robotic systems now available for commercial use. This paper briefly reviews the historical context of robotic surgery, summarizes the current robotic spine surgery platforms, and outlines medicolegal implications and general trends of litigation for spine surgery as they relate to robotic navigation. The focus of this review is on pedicle screw instrumentation, complications, and the learning curve for robotic navigation, and how these aspects relate to medical malpractice claims.</p></div>","PeriodicalId":39884,"journal":{"name":"Seminars in Spine Surgery","volume":"36 3","pages":"Article 101120"},"PeriodicalIF":0.0,"publicationDate":"2024-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142135786","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Hani Chanbour , Omar Zakieh , Iyan Younus , Soren Jonzzon , Campbell Liles , Jacob P. Schwarz , Scott L. Zuckerman
{"title":"Advances in Medical and Surgical Care of Acute Spinal Cord injury","authors":"Hani Chanbour , Omar Zakieh , Iyan Younus , Soren Jonzzon , Campbell Liles , Jacob P. Schwarz , Scott L. Zuckerman","doi":"10.1016/j.semss.2024.101102","DOIUrl":"10.1016/j.semss.2024.101102","url":null,"abstract":"<div><p>Acute cervical spinal cord injury (SCI) represents a significant challenge, with substantial implications for individual well-being and societal costs. In this chapter, we highlighted the importance of early surgical intervention within a critical time frame following injury to mitigate the risk of secondary damage and optimize neurological recovery. The chapter also delineated the dichotomy of primary and secondary injuries in traumatic cervical SCI, elucidating the pathophysiological mechanisms underlying each phase. Insights into the inflammatory cascade and cellular responses offer a nuanced understanding of injury progression, paving the way for targeted therapeutic interventions. Therefore, we delved into the current landscape of traumatic cervical SCI, addressing the advances in the medical and surgical care. Regarding surgical management, attention was directed towards established practices such as immobilization, respiratory support, and optimal timing of surgery, alongside emerging modalities including intraspinal pressure management, stem cell therapy, and nerve/tendon transfer. Similarly, the medical management section highlighted the importance of spinal cord perfusion, neurogenic shock management, and the role of steroids, while also exploring novel avenues such as genetic modification for spinal recovery. Overall, this chapter underscored the dynamic nature of SCI care, advocating for a holistic approach that integrates traditional and innovative treatment modalities.</p></div>","PeriodicalId":39884,"journal":{"name":"Seminars in Spine Surgery","volume":"36 2","pages":"Article 101102"},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140785866","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}