Surgeon operates on wrong vertebra

The case involved a 67-year-old woman with a long history of back pain.

Her pain had become more constant and developed into severe buttock pain radiating down both legs, which was aggravated with prolonged standing and sitting.

An MRI revealed that she had grade 2 spondylolisthesis at L4-L5 with marked spinal stenosis.

In August 2005, she was evaluated by an
orthopedic surgeon, who recommended surgery. As a result, on Sept. 13, she underwent what was supposed to have been a decompression laminectomy at L4-L5 and fusion.

Immediately following the operation, the patient was in agony.

During subsequent rehabilitation, her severe pain persisted and she required a walker.

As a result, she had another MRI, which revealed that the surgeon operated at the wrong level, L3-4 instead of L4-5. The surgeon then informed her that he made a mistake and apologized.

In February 2006, she underwent a second operation, a laminectomy and fusion at the correct level, L4-L5.

Following the second operation, she underwent more rehabilitation. Due to the surgeon’s error, she endured several additional months of pain, but was relatively fine several months following the second operation.

Unfortunately, due to her prolonged absence from work from the two surgeries and prolonged rehabilitation, she lost her part-time job at a nearby church.

The case settled for $315,000.

Type of action: Medical malpractice

Injuries alleged: Second operation,
prolonged rehabilitation, lost wages

Date: October 2007

Submitted by: Lisa G. Arrowood of Todd & Weld, Boston (for the plaintiff)