MedMal Research - It wasn't the Right Leg??

This Week; Focus On: It Wasn't the Right Leg?? MedMal Research

Recently, BNI was asked to research the existence of directed protocol for the use of catgut v. synthetic sutures in the case of a surgical stapler misfire in a colectomy operation gone seriously wrong. Of course, all of the law professionals recognize the implied question in that case description.

The reason it was stated that way is that the surgeon involved insisted that no protocol existed and that procedure in a surgical stapler misfire is at the surgeon's discretion. Well, not so, according to the Food and Drug Administration; the governing authority regarding medical instrumentation regulation. The FDA is notified by the surgical instrument manufacturer of all reported surgical stapler misfires. The surgeon in question apparently believed that the operative word in this directive is "reported". He stated he had not reported the misfire. Contact with the manufacturer indicated that, in that they train the surgeons in the use of the instruments, there is indeed a procedure established and that must be adhered to for a surgeon to be qualified to use the specific instrument. Misfires were specifically addressed and sensibly so, from a liability standpoint.

Unfortunately, that is not the most significant aspect of this case. Said surgeon then proceeded to use catgut sutures which are specifically contraindicated for the procedure performed, due to the infection development and proliferation potential with natural materials. His defense argument on that point was that choice of suture material, again, as the misfire reporting, was at the surgeon's discretion.

Perhaps for the plaintiff counsel's own knowledge, while not admissible, research for previous malpractice filings and settlements (positive) for this surgeon was also conducted. Not surprisingly, "surgeon's discretion" was cited for similar prior situations.

There is now a 45 year old man tied to a colostomy bag because of said "discretion". But at least there is now the certain knowledge that protocol does exist and, hopefully, will be fully enforced to prevent these unnecessary and horrific injuries.

In past editions, the physical aspects of investigative work has often been addressed (i.e. field investigation, site survey procedure, evidence collection...). Today's investigator must also be very skilled at uncovering electronically stored information.

BNI investigators: Street smart; net savvy.

I look forward to any comments you may have or and questions I can answer for you.

Sincerely,

Lina M. Maini
Editor, The Beacon Bulletin
CEO, Beacon Network Investigations, Inc.

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