Metal-on-metal (MoM) hip resurfacing was developed in the 1990s by surgeons in Birmingham, UK, as a surgical solution to the problem of osteoarthritis in younger, more active patients. Early results were promising and the procedure gained in popularity. However, adverse reports of soft-tissue reaction and failure started to appear from 2008 onwards. Surgeons may be asked to write medico-legal reports on the surgical aspects of an individual case for claimant lawyers or in defence for the NHSLA or indemnity insurers. The purpose of this article is to cover some of the aspects of the operation that may be considered in such medico-legal reports

This short contribution aims to explain how intervertebral disc ‘degeneration’ differs from normal ageing, and to suggest how mechanical loading and constitutional factors interact to cause disc degeneration and prolapse. We suggest that disagreement on these matters in medico-legal practice often arises from a misunderstanding of the nature of ‘soft-tissue injuries’

Mechanical function and failure of intervertebral discs. In a healthy disc, the nucleus pulposus acts like a pressurised fluid which is restrained by tensile stress within the annulus. With increasing age, the nucleus becomes more fibrous, and biochemical changes cause the whole disc to become less elastic, and more yellow in colour. Mechanically, the hydrostatic nucleus shrinks with age, and concentrations of compressive stress appear in the posterior annulus. Experiments on cadaveric spines have shown that healthy discs can prolapse when loaded severely or repetitively in bending and compression, and that internal disruption of the disc probably follows damage to the vertebral endplates. However, mechanical loading is not necessarily harmful to living discs: on the contrary, moderate repetitive loading may lead to disc hypertrophy rather than injury. Disc degeneration. Degeneration represents some mechanical or biological “insult” superimposed on normal ageing. A defining feature of “degeneration” should be structural failure of the annulus or endplate, because all degenerated discs exhibit structural failure whereas many old discs do not. Degeneration creates high stress concentrations within the annulus. Paradoxically, severe degeneration can lead to gross disc narrowing and reduced stresses in the annulus, presumably because it is “stress shielded” by the apophyseal joints. Animal experiments show that disc degeneration always follows mechanical disruption. In some cases, it may possibly precede it. Disc degeneration and back pain. Pain-provocation studies have shown that severe and chronic back pain often originates in the posterior annulus fibrosus, and can be elicited by relatively moderate mechanical pressure. Anatomical studies indicate that the outer annulus is supplied with complex and free nerve endings from the mixed sinuvertebral nerve. MRI and discographic studies show that back pain is closely correlated with structural features of disc degeneration such as radial fissures and prolapse, although age-related changes in composition are clinically irrelevant. The stress-shielding of severely degenerated discs (see above) suggests that discogenic pain may be most closely associated with intermediate stages of degeneration. The localised stress concentrations found in degenerated cadaveric discs have been directly linked to low back pain in living people. Medico-legal implications. The widely-held belief that a disc will not prolapse unless it is degenerated is no longer compatible with the scientific evidence. Severe loading, which in life usually arises from vigorous muscle contractions, can injure normal discs. On the contrary, it seems likely that severely degenerated discs are too fibrous to prolapse, and that many of the cell-mediated changes associated with disc prolapse occur after prolapse, rather than before. However, genetic inheritance is important in disc degeneration and prolapse, suggesting that some discs are more vulnerable than others to mechanical loading. The nature of this vulnerability is largely unknown, but is likely to involve genetic weaknesses in composition, and previous fatigue damage. It would be desirable to distinguish between these last two factors, but this is likely to prove difficult in practice

The number of total knee arthroplasties continues to increase annually with over 90,000 total knee replacements performed in the United Kingdom in 2018. Multiple national bodies including the British Association for Surgery of the Knee (BASK) and the British Orthopaedic Association collaborated in July 2019 to produce best practice guidance for knee arthroplasty surgery. This study aims to review practice in a regional healthcare trust against these guidelines.

Fifty total knee replacement operation notes were reviewed between January and February 2020 from 11 different consultant orthopaedic surgeons. Documents were assessed against 17 criteria recommended by the BASK guidance. Personnel names and grades were generally well documented. Tourniquet time and pressure were documented in over 98% of operation notes however, protection from spirit burns was not documented at all. Trialling and soft tissue balancing was well recorded in 100% and 96% of operation notes respectively.

Areas lacking in documentation included methods utilised to optimise cementation technique and removal of cement debris. Protection of key knee structures was documented in only 56% of operation notes clearly. Prior to closure, final assessment of mechanism integrity, collateral ligament was not documented at all and final ROM after implantation of components was recorded 34% of the time.

Subsequently authors have created a universal operation note template, uploaded onto the patient electronic notes, which prompts surgeons to complete documentation of the relevant criteria advocated by BASK.

In conclusion, detailed and systematic documentation is vital to prevent adverse events and reduce the risk of litigation. By producing detailed operative templates this risk can be mitigated.

Despite tendencies for Claims against medical practitioners around Australia to fall, litigation continues to be a burden on individual practitioners and the system.

Unlike Claims frequency, Claims costs are not falling and indemnity insurance remains a significant practice cost.

Data is presented to illustrate some trends in litigation and illustrative cases are also presented to outline some of the difficulties in defending Claims.

Particular emphasis on the degree of difficulty is made in respect of Epidural Abscess.

Objective. Guidelines published by the British Association of Spine Surgeons (BASS) and Society of British Neurological Surgeons (SBNS) recommend urgent MRI imaging and intervention in individuals suspected of having CES. The need for an evidence based protocol is driven by a lack of 24/7 MRI services and centralisation of neurosurgery to tertiary centres, compounded by CES's significant medico-legal implications. We conducted an audit to evaluate the pathway for suspected CES in BCUHB West between 2018 and 2021. Methods. A retrospective audit of patients managed for suspected CES between 01/11/2018 and 01/05/2021 was performed, using the SBNS/BASS guidelines as the standard. Results. A total of 252 patients received an emergency MRI for suspected CES between 2018 and 2021. 99% of patients were scanned in compliance with SBNS/BASS standards. Radiological evidence of CES was found in 18% of patients. 33% of emergency scans were performed by out-of-hours services. 4% of patients had repeated scans within the same 6-month period. The majority of referrals originated from Orthopaedics surgeons (78%), or staff in the Emergency Department (8%). 92% of ambulatory patients were not admitted to hospital. During the peak of the COVID-19 pandemic, referrals increased from 2.5 to 3.5 per week. Conclusion. SBNS/BASS standards were largely met, avoiding life changing disability and medico-legal consequences. The department should continue to follow SBNS/BASS guidance on the management of individuals with suspected CES. Challenges regarding the use of repeated scans should be addressed to avoid unnecessary costs. Introduction of new early recognition guidelines and Same Day Emergency Care (SDEC) has likely driven an increase in suspected CES referrals, and subsequent MRI demand. This audit should be utilised as an ongoing tool to ensure best practice continues, and to implement simple measures which may improve compliance with the pathway

Acute post-operative urinary retention (POUR) is a recognized complication following lower limb arthroplasty. Its occurrence may have patient and ultimately medico-legal implications. Identifying high-risk patients and the associated risk factors pre-operatively, is vital to tackle this issue and reduce its occurrence, which ultimately, may enhance the overall success of our operations. Our aim was to assess the incidence of POUR following elective lower limb arthroplasty and analyze the related factors that could potentially predict the likelihood of developing POUR in our patient cohort. A prospective audit of 158 patients was conducted in our department. POUR was defined as inability to pass urine voluntarily within the first 24 hours following elective lower limb arthroplasty leading to the insertion of a urinary catheter. Surgical-related factors including intra-operative fluid use, type of spinal anesthetic, duration of surgery, time from surgery till insertion of a urinary catheter as well as patient-related factors including medication, urological history and Body Mass index (BMI) was collected and analyzed. 21 (13.3%) patients developed post-operative urinary retention, 11 (52%) and 10 (48%) following knee and hip replacements respectively. Of which, 19 (90.5%) were male and 2 (9.5%) were female with an average age of 66 yrs. 13 (62%) had a previous urological history and 10 (48%) were on retention associated medication. Bupivacaine as a spinal anesthetic was associated with an increased risk of developing post-operative urinary retention. The average time till catheter insertion was 14 hrs. Only 2 (10%) had an unsuccessful TWOC on discharge. Bupivacaine as a spinal anesthetic and a previous urological history can be considered as risk factors for the development of POUR. Pre-operative urinary catheterization should be considered in this high-risk group of patients

Introduction. Appropriate consenting is part of good medical practice and is a medico-legal necessity for invasive procedures. The BOA recently created generic consent forms covering the relevant complications for orthopaedic procedures, thus providing a standard for all orthopaedic consent. This study aims to assess the quality of consent in orthopaedic practice. Materials/Methods. The most common elective and trauma procedures were identified over a one year period and consent forms for all patients undergoing these procedures were assessed against BOA ortho-consent forms. Data was compiled from elective total hip replacements (THR) and trauma ankle open reduction and internal fixations (ORIF), and analysed in excel. Results. Forty ORIF's and forty-one THR's were considered totalling eighty-one cases. The average percentage of total complications included per form was 50%. Consultants had a higher average percentage of documented complications to all other grades (56%)(graph 1). Elective cases had a higher percentage of total complications included (59%) than trauma cases (40%). All consent forms included the risk of infection. Only 2.5% of THR consent forms included the risk of death and none of the ORIF consent forms included the risk of numbness post-op. All other complications were variably included (graphs 2 and 3). The most common grade to fill in consent forms were SHO's making up 60% of the forms (Chart 1). Conclusion. Consent forms are not being filled in appropriately. This is a medico-legal risk we should be aware of and we would recommend the use or provision of ortho-consent forms as routine practice

The aim of this study was to investigate the long-term outcome of isolated, displaced Lisfranc injuries requiring operative intervention and identify whether results of treatment are influenced by workers compensation. This retrospective study reviewed all patients who underwent operative intervention for Lisfranc injuries. Patients with concomitant injuries were excluded from further investigation so that the outcome of purely isolated Lisfranc injuries could be assessed. The minimum follow-up was two years and the senior author performed all the operations. Patients were contacted and their employment status recorded. Ordinal regression analysis was performed to identify which factors influenced the outcome. Forty-six patients were studied and 24 had pursued medico-legal claims. The average Workcover payment was Aus$25,000 (£10,000). Thirteen of forty-six patients had a poor outcome. Eleven of these patients had compensation claims (p< 0.01) and 11 had greater than a three month delay in treatment following diagnosis (p< 0.05). Although 12/33 men and 1/13 women had a poor outcome this difference was not statistically significant. The need for secondary fusion was not associated with a poor outcome. There was no significant difference between outcome and mechanism of injury or previous occupation. There was no correlation between the outcome and age at the time of injury. This series of 46 patients has a long follow-up of a rare injury. We believe that this study has medico-legal implications on reporting prognosis for such injuries and highlights the importance of prompt diagnosis and treatment for such injuries

Purpose: Litigation continues to be a concern in orthopaedic surgery despite suggestions on how to contain liability. The purpose of this study was to characterize orthopaedic litigation in Canada from 1997–2006. Method: This study reviewed all closed claims reported to the Canadian Medical Protective Association (CMPA) for 1997–2006 in which orthopaedic surgeons were named. There were 11,983 closed legal actions involving CMPA members (> 73,000 physicians), and 1,353 involved orthopaedic surgeons. A careful review of closed legal actions is a recognized tool for risk identification, assessment and management. The CMPA identifies any critical incidents within the closed legal files. A critical incident is defined as any omission or commission in the evaluation or management which led to the problem(s) that triggered the legal action. Each closed legal action can have more than one critical incident. Results: Performance, diagnostic and communication issues were the most frequently identified problems. These three areas account for 55% of the critical incidents identified. Performance related issues accounted for 395 critical incidents (29%). Diagnostic issues, including deficient histories and general evaluations, were identified in 281 cases (21%). Communication-related critical incidents included those concerning informed consent. The lack of informed consent was a common allegation, proven in 71 cases. In 439 cases (32%) there was no identifiable critical incident for the orthopaedic surgeon involved. Seventy-eight per cent of patients experienced minor or no disability and 22% experienced major disability or death. Events related to tibia trauma and knee arthroscopy formed the two major categories of claims. Patient care areas of high risk include the operating room and outpatient clinic. Overall, 31% of legal actions against orthopaedic surgeons had outcomes in favour of the plaintiffs, compared with 33% of all CMPA members’ claims. Conclusion: Although the likelihood for an orthopaedic surgeon to be sued in Canada has decreased over the last 10 years, the percentage of legal cases resolved in favour of plaintiffs has remained stable. Performance-related deficiencies, delays in diagnosis, and failures in communication represent areas of high medico-legal risk. Suggestions for risk management are provided to further decrease adverse events and the medico-legal risks for Canadian orthopaedic surgeons

All skeletally immature patients who presented with a supracondylar fracture between 01/09/2013 and 24/11/2015 (n = 50) were used to compare the current management of supra-condylar fractures of the humerus in children to the standards set by the BOAST 11 guidelines. 8.1% did not have full documentation of their neurovascular assessment. 93.9% underwent surgery within 24 hours of presentation. Average time to theatre for neurovascularly compromised patients was 4 hours 46 minutes. 81.8% were managed with 2 K-wires as recommended. Only 39.4% of the patients had their wires removed within 3 – 4 weeks. Only 6.1% had the recommended 2 mm wires. AO recommends the use of 2mm wires if 2 lateral wires are used whereas the BOAST 11 guideline recommends 2mm wires where possible. The results clearly demonstrate a need for further education and awareness of the BOAST 11 guidelines. Of particular interest is the documentation of patients' neurovascular status for appropriate management and for medico-legal purposes. Long term outcome comparison of surgical fixation with 2mm and 1.6mm wires would be useful to support the use of 2mm wires as recommended by the professional consensus in the BOAST 11 guidelines

In a society whereby the incidence of obesity is increasing and medico-legal implications of treatment failure are more frequently ending with the consulting doctor, clarity is required as to any restrictions placed on common orthopaedic implants by manufacturing companies. The aim of this study was to identify any restrictions placed on the commonly used femoral stem implants in total hip replacement (THR) surgery, by the manufacturers, based on patient weight. The United Kingdom (UK) National Joint Registry (NJR) was used to identify the five most commonly used cemented and uncemented femoral stem implants during 2012. The manufacturing companies responsible for these implants were asked to provide details of any weight restrictions placed on these implants. The Corail size 6 stem is the only implant to have a weight restriction (60Kg). All other stems, both cemented and uncemented, were free of any restrictions. Fatigue fracture of the femoral stem has been well documented in the literature, particularly involving the high nitrogen stainless steel cemented femoral stems and to a lesser extent the cemented cobalt chrome and uncemented femoral stems. In all cases excessive patient weight leading to increased cantilever bending of the femoral stem was thought to be a major factor contributing to the failure mechanism. From the current literature there is clearly an association between excessive patient weight and fatigue failure of the femoral stem. We suggest avoiding, where possible, the insertion of small stems (particularly cemented stems) and large offset stems (particularly those with a modular neck) in overweight patients

Aim. Implant-related infections, including peri-prosthetic joint infection (PJI) and infected osteosynthesis, are biofilm-related. Intra-operative diagnosis and pathogen identification is currently considered the diagnostic benchmark; however the presence of bacterial biofilm(s) may have a detrimental effect on pathogen detection with traditional microbiological techniques. Sonication and chemical biofilm debonding have been proposed to overcome, at least partially, this issue, however little is known about their possible economical impact. Aim of this study was to examine direct and indirect hospital costs connected with the routine use of anti-biofilm microbiological techniques applied to hip and knee PJIs. Method. In a first part of the study, the “Turn Around Time (TAT)” and direct costs comparison between a system to find bacteria on removed prosthetic implants. *. , a closed system for intra-operative tissue and implant sampling, transport and anti-biofilm processing, versus sonication has been performed. An additional analysis of the estimated indirect hospital costs, resulting from the diagnostic accuracy of traditional and anti-biofilm microbiological processing has been conducted. Results. Considering an average 5 samples per patient, processed separately with the sonication or pooled together, using the device. *. , the direct costs comparison shows a similar overall average estimated cost per patient when using sonication (€ 400.00) or the system to find bacteria on removed prosthetic implants. *. (€ 391.70). Indirect hospital costs of false positive or negative intra-operative pathogen identification can be estimated as, respectively, € 65,000 and € 90,000, including possible inadequate treatments and/or surgeries and/or need for further hospital stay, risk of infection recurrence/persistence, possible medico-legal claims, etc. Considering 1 out of ten cases of false identification as generating indirect hospital costs (“mitigation factor”: 90%) and an accuracy of current intra-operative microbiological sampling and testing of approximately 80%, it is calculated that any anti-biofilm procedure able to increase the microbiological diagnostic accuracy by 10%, at an average cost per patient of € 500.00, would induce an average hospital cost saving of approximately € 100,000 per 100 treated cases. Conclusions. To our knowledge, this is the first study specifically focused on the potential economical impact of the routine clinical use of microbiological anti-biofilm processing techniques in orthopaedics. The several limitations of this study notwithstanding, including the variable Country-based value of the different direct costs and the assumptions made concerning indirect costs calculations, this analysis points out how more accurate pathogen identification procedures can lead to an improvement of the management of implant-related infections in orthopaedics, with a substantial economical balance

Aims

Occult (clinical) injuries represent 15% of all scaphoid fractures, posing significant challenges to the clinician. MRI has been suggested as the gold standard for diagnosis, but remains expensive, time-consuming, and is in high demand. Conventional management with immobilization and serial radiography typically results in multiple follow-up attendances to clinic, radiation exposure, and delays return to work. Suboptimal management can result in significant disability and, frequently, litigation.

Two discrete legal factors enable the surgeon to treat an injured patient the fully informed, autonomous consent of the adult patient with capacity via civil law; and the medical exception to the criminal law. This article discusses current concepts in consent in trauma; and also considers the perhaps less well known medical exception to the Offences against the Person Act 1861, which exempts surgeons from criminal liability as long as they provide ‘proper medical treatment’.

Cite this article: Bone Jt Open 2024;5(7):565–569.

1. Two cases of post-traumatic osteolysis of the outer end of the clavicle are reported. 2. The essential features of the lesion are summarised. 3. The possible medico-legal importance of the condition is mentioned

Aims

We introduced a self-care pathway for minimally displaced distal radius fractures, which involved the patient being discharged from a Virtual Fracture Clinic (VFC) without a physical review and being provided with written instructions on how to remove their own cast or splint at home, plus advice on exercises and return to function.

Background. The British Orthopaedic Association Standards for Trauma (BOAST) for peripheral nerve injuries. 1. states:. “A careful examination of the peripheral nervous and vascular systems must be performed and clearly recorded for all injuries. This examination must be repeated and recorded after any manipulation or surgery.”. This study investigated whether this standard was met for patients with upper limb trauma at a busy London Accident and Emergency (A&E) Department. Method. Data was gathered prospectively from A&E admission notes for 30 consecutive patients with upper limb injuries from the week beginning 11. th. March 2013. Eligibilty: All patients with upper limb injuries. Results. 30 patients: 18 Males mean age of 39.2 and 12 Females mean age of 40.1. 17 patients (56.6%) had documentation of examination of neurovascular status. 14 patients required manipulation and/or splinting of their injury. Of these, no patients had their neurovascular examination documented after the procedure. Poor adherence to the standard is evident across all grades of doctors: FY2, SHO and SpR. Conclusion. There is clear scope to improve documentation of neurovascular status in upper limb injuries. It is especially important to clearly document neurovascular status following manipulation or splinting from a medico-legal perspective. This applies to all grades of staff in A&E. Recommendations. 1. Education of A&E staff of all grades at the departmental induction. 2. Posters in A&E with simple treatment algorithm for managing fractures and dislocated joints. 3. Re-audit in 6 months

1. A measuring instrument is described which enables the surgeon to determine the anteroposterior diameter of the vertebral canal during operation. 2. Developmental narrowness of the lumbar vertebral canal is shown to exist and to be caused by an abnormally short antero-posterior diameter. 3. In patients with a narrow, although not abnormally narrow, lumbar vertebral canal, slight deformities such as posterior spur formation or small disc protrusions may produce particular symptoms, which are interesting from a clinical as well as from a medico-legal point of view

The results of treatment of Lisfranc injuries are often unsatisfactory. This retrospective study investigated 46 patients with isolated Lisfranc injuries at a minimum of two years after surgery. Thirteen patients had a poor outcome and had to change employment, or were unable to find work as a result of this injury. The presence of a compensation claim (p = 0.02) and a delay in diagnosis of more than six months were associated with a poor outcome (p = 0.01). There was no association between poor functional outcome and age, gender, mechanism of injury or previous occupation. This study may have medico-legal implications on reporting the prognosis for such injuries, and highlights the importance of prompt diagnosis and treatment

The aim of this study was to review the data held with the NHSLA database over the last 10 years for negligence in spine surgery with particular focus on why patients ‘claim’ and what is the likely outcome. Anonymous retrospective review. We contacted the NHSLA and asked them to provide all data held on their database under the search terms ‘spine surgery or spine surgeon.’. An excel sheet was provided, and this was then studied for reason of ‘claim’, whether the claim was open/closed and outcome. A total of 67 claims of negligence were made against spinal surgeries during this time (2000-09). The number of claims had increased over the last few years: 2000-03, n= 8, 2004-06, n= 46. The lumbar spine remains the most common area (Lumbar: 55/67, Thoracic : 6/67, Cervical 6/67). Documented reasons for claims were post-operative complications (n= 28; 42%), delayed/failure to diagnose (n=24; 36%), discontent with preoperative assessment including consent (n=2; 3%), intra-operative complications (n= 10; 15%) and anaesthesia complication (n=3; 4%). Twenty were closed and 47 remained open. The number of successful claims was 8/20 (40%). The mean compensation paid out was £33,409 (range was £820.5 to £60,693). The number of claims brought against spinal surgeries is on the increase, with the most common area being the lumbar spine which perhaps is not surprising as this is the most common area of spinal surgery. Common reasons are post-operative complications and delay/failure to diagnose. The ‘success’ of these claims over the last 10 years was 8/20 (40%) with mean compensation paid out was £33,409. Ethics approval: None;. Interest Statement: The lead author is the CEO and founder of a Personal Injury/Medico-Legal company

The aim of this paper is to stress that an expert providing medico-legal opinion in matters relating to medical malpractice, workers compensation, transport accident and other injuries should preferably be a recognised expert in the field by virtue of knowledge, training, qualification and experience, free from bias as far as is possible and willing to provide evidence if called to court. Based on over ten years experience of conducting what is now largely a medicolegal practice and recently having obtained a Post Graduate Diploma in Health/Medical Law from Melbourne University and with approximately 800 assessments conducted yearly over that period, requirements for taking a comprehensive history, carrying out a thorough physical evaluation as well as assessment of all appropriate investigations and writing a “stand alone” medicolegal report will be outlined. Also included in the final opinion should be comments on opinions given by other experts. One should also include the summarised opinion in the world literature relating to the main issue. Finally, just as a judge does when giving his judgement the reasons underlying the opinion should be fully explained. Judges throughout Australia conducting medical lists are concerned that many medical assessments appear to be biased towards the party requesting and paying for the report; ways of reducing bias will be suggested. Finally the author will give his views on the value of expert medical panels independently appointed by the courts through the learned medical colleges giving their opinion on liability and whole person impairment in medical malpractice claims, and similar to medical panels currently assessing workers compensation injury in most states in Australia

The rate of litigation following personal injury is rising at an exponential rate with no concomitant rise in the actual incidence of these injuries. It is recognised that physical injury can lead to mental health disturbance and such mental health disturbance can delay recovery following injury. No previous study has assessed the incidence of pre-existing mental health morbidity amongst personal injury claimants. The general practitioners records of 750 consecutive personal injury claimants were examined. Mental health diagnoses prior to the index injury were noted and classified using the Diagnostic and Statistical Manual of the American Association of psychiatry. Any treatment by mental health professionals was noted. A highly significant excess of pre-injury psychiatric morbidity was identified in the study population. There was a 40% incidence of at least one mental health diagnosis. There was a highly significant excess of depression and anxiety. 10% of the study group had received treatment from at least one mental health professional. Pre-existing psychiatric morbidity appears to be an independent predictive factor for pursuing litigation following personal injury. In light of existing knowledge that such psychiatric morbidity often results in prolongation of physical symptoms and poor response to standard treatment regimes, it is important to recognise such patients when providing a prognosis in a medico-legal context

The purpose of the study was to determine the percentage of knowledge retained immediately following an outpatient consultation for total hip and knee joint arthroplasty, and whether any improvement in that knowledge occurred after reading an information leaflet about the operation. Patients who were placed on the waiting list for joint replacement surgery, were verbally given information during the consultation about basic operative details, post-operative programme, and potential complications. A questionnaire was completed asking them to recall these details. Information leaflets were then given to them to read. 6 weeks later they were again contacted and asked the same questions. Immediately following a consultation, patients recall only a small percentage of information. In particular, retention of post-operative recovery time frames (51–63%), and possible operative complications (0–61 %). Despite an information booklet, their level of knowledge deteriorates from the initial consultation. Verbal and written information supplied to a patient, may be understood, but it is easily and quickly forgotten. In an increasingly medico-legal environment it is essential to gain an informed consent from a patient when performing interventions. The provision of an information booklet may provide nothing more than proof for the surgeon of information provision to the patient

Aim. To compare spinal outcome measures between patients reviewed for medico-legal compensation claims relating to perceived injury at work to those having sustained serious structural injury in the form of unstable thoraco-lumbar fractures requiring internal fixation. Method. Two consecutive cohorts of 23 patients with healed spinal fractures and 21 patients with a perception of work related soft tissue injury were compared. Patient demographics and a range of outcome measures including Oswestry Disability Index (ODI), Low Back Outcome score (LBOS), Modified Somatic Perception (MSP) and Modified Zung Depression (MZD) indices were measured. Results. 23 patients (8F; 15M) with spinal fractures (group 1) of average age 42 years (range 22-66) were followed up for a mean of 41 months (range 14-89, SD 23.3) post trauma and compared to 21 patients (6 females; 15 males) with self reported back pain (group 2) of average age 47 years (range 37-63), mean time since perceived injury of 42 months (range 12-62, SD 14.5). Both groups were comparable in terms of age and sex (P = 0.254 and 0.752 respectively). The average ODI was 28% (SD 18.5) compared to 52% (SD 17.1) in group 1 and 2 respectively (P value: 0.000087); LBOS 40 Vs 20 (P=0.000189); MSP 4 Vs 10 (0.01069); and MZD 20 Vs 36 (P=0.000296). Conclusion. Despite high energy trauma and significant structural damage to the spine, post-traumatic patients had better spinal outcome scores in all measures (ODI, LBO, MSP, MZD). This thereby defies 8 of the 9 Bradford Hill criteria of causation. The reasons for such differences are primarily psychosocial. Addressing obstacles to recovery may improve outcomes. There is no ‘dose-response’ curve to functional outcomes. In fact, uniquely the disability seems greater in the lower energy injury which is unique in trauma care

Introduction and Aims: Lower back and/or leg pain is a symptom of a number of pathological conditions involving lumbosacral nerve roots. Disc herniation is one of the most common causes of LBP (after mechanical back pain). There is controversy regarding the progression of disc degeneration and/or lower back pain to symptomatic disc prolapse over time. Method: The aim of the study was to determine the natural progression of patients with lower back pain/disc degeneration established clinically and on MRI to symptomatic disc herniation over three to six years. Total of 970 patients who had an MRI scan between January 1998 and September 2000 were included in the study. Information about disc pathology, level and number of discs involved were recorded from MRI scan reports. A short questionnaire was sent to all patients. It contained 10 questions regarding current status of pain and neurology, any treatment in form of back injection and operation, current occupation and smoking status. Results: The collected data was analysed using standard statistics software (SPSS). The results will be discussed. Conclusion: The information provided by this study will be useful in judging the natural progression of lower back pain and/or disc degeneration to a symptomatic prolapse intervertebral disc. It will also be useful in medico-legal cases where patients had pre-existing disc degeneration and subsequently developed disc herniation over time

Introduction: Age related histological and radiological changes are widespread in the lumbar spine. The correlation with symptoms is poor and there is good evidence that in later decades the incidence of back symptoms decreases, despite the relentless progression of radiological abnormalities. Much confusion exists regarding Accident Compensation Corporation (ACC) insurance entitlement following injuries in the presence of asymptomatic but existing radiological ageing changes (spondylosis) and existing but asymptomatic spondylolysis/isthmic spondylolisthesis. Aim: To review the relevant literature and ACC Acts to clarify the ACC Act definition of injury/accident and exclusion criteria and the natural history of spondylosis/spondylolysis/spondylolisthesis, in relation to patients sustaining new lumbar spine injuries in the presence of existing but asymptomatic radiological abnormalities. Method: The relevant literature and legislation (1992 ARCI and 1998 AI Acts) were reviewed. Results: Regarding spondylolysis and low grade isthmic spondylolisthesis the literature is conflicting in relation to the incidence of back symptoms. The ACC Acts do not discuss existing disorders or degenerative conditions, but focus on exclusion of cover for ‘personal injury caused wholly or substantially by the ageing process’. Conclusions: As with clinical decision making medico-legal assessment requires a meticulous history as the primary focus. It is inappropriate to apportion undue weight to radiological abnormalities that correlate poorly with symptoms

Introduction Both congenital and acquired aetiologies for Os Odontoideum have been proposed leading to confusion in a medico-legal setting. No large series with CT and MRI features has been reported. Methods Clinical, radiological, CT and MRI data from 25 cases of cranio-cervical anomalies (including 18 with Os Odontoideum) was collected prospectively. The hypothesis that Os Odontoideum is associated with signs of dysplasia such as arch hypertrophy (as quantified by the arch-peg ratio) and a ‘jigsaw’ like atlanto-dens joint configuration was tested. Results Only one of 18 cases with Os Odontoideum gave a history of remote trauma. None of the cases with other post traumatic conditions showed arch hypertrophy or dysplasia of the joint. Os Odontoideum was associated with two distinctive features on mid-sagittal CT reconstruction: arch hypertrophy and the presence of a ‘jigsaw sign’. A quantitative definition of arch hypertrophy (an arch/ peg ratio greater than 0.5) provided a sensitive and specific test for Os Odontoideum. This was further enhanced in combination with the jigsaw sign to give a test accuracy of 97%. Motor changes with MRI signs of cord damage were observed in one of 12 cases associated with trauma. Conclusions The lack of a history of remote trauma and the dyplastic atlanto-dens joint seen on CT are more suggestive of a congenital than a post-traumatic aetiology for Os Odontoideum. Patients with Os odontoideum are able to tolerate moderate to severe levels of injury without sustaining significant acute cord damage

Whiplash is a contentious issue in the medico-legal field; opposing views are held about persisting symptoms. The exact pathology is not known; but it is generally accepted to be ‘soft tissue injury’. The same clinical syndrome can occur without a road accident. No one doubts the reality of the condition in the early stages when the symptoms and signs (of a ‘mechanical derangement’) are clear cut. As with other soft tissue injuries, most ‘heal’ within a usual time span; some take longer to heal; and some have persisting problems giving rise to chronic pain, restricted movements & /or a feeling of ‘instability’. In this latter group the physical signs are less obvious but are still present, if sought. Imaging is rarely relevant. The psychological reaction to any injury or illness will vary from individual to individual (the previous personality); or from time to time in the same individual. People with chronic pain may become depressed and may develop ‘excessive’ psychological reactions – often referred to as ‘chronic pain syndrome’ and, by some, as ‘abnormal illness behaviour’; this is exacerbated when litigation is involved with its attendant adversarial, confrontational approach which questions the ‘genuineness’ of both the patient and their symptoms and disability. Where symptom persist beyond the ‘usual’ time for healing, and are consistent with the (albeit subtle) physical signs found, there can be no grounds for arguing that they are nor related to the accident

Introduction: Impingement syndrome has been reported to occur in a proportion of patients (9%) following whiplash injuries to the neck. In this study we aim to examine this finding to establish the association and incidence of subacromial impingement following whiplash injuries to the cervical spine. Method and results: We examined 219 patients who had presented to a single surgeon for a medico-legal report, at an average of 13.8 months (range 1–52) following a whiplash injury to the neck. All patients were assessed for clinical evidence of subacromial impingement. The patients were asked if the symptoms had developed following their neck injury and those with past history of shoulder pain were identified and excluded. 56 patients (26%) had shoulder pain following the injury; of these, 11 (5%) had clinical evidence of impingement syndrome, however in the majority other clinicians had overlooked this. The seatbelt shoulder (driver’s right and front passenger’s left) was involved in 9 (82%) of the cases (p< 0.001). The average age was 38.2 years compared with 57.8 years in those with subacromial impingement (p< 0.05). Impingement is therefore likely to be due to direct trauma from the seatbelt in the older age group with an already compromised subacromial space. Conclusion: It is now established that subacromial impingement occurs following whiplash injuries to the neck. This is however, frequently overlooked and shoulder pain is attributed to pain radiating from the neck. It is important that this is appreciated and patients are specifically examined for signs of impingement so that appropriate treatment can be instigated. Direct trauma from the seatbelt is one likely explanation for this association

Introduction A frequently asked medico-legal question is whether or not an accident or injury is responsible for the onset of nerve root pain. There is virtually no information available in the scientific literature, which answers this question. Methods. A search of the medical literature over the last 10 years was carried out. “Causes of disc protrusion” Medline. I designed and carried out a questionnaire of Members of the Spine Society of Australia, The Australian and New Zealand Orthopaedic Associations, and The Neurosurgical Society of Australasia. Each was questioned about symptoms, their quality, continuity, and time to onset after an accident. Reasons, which might lead the practitioner to conclude that there was no association, were documented, as well as the percentage of discogenic nerve root pain not caused by accident or injury,. Results 48% stated that there must be a continuity of symptoms from the time of the accident to the onset of root pain. 35% accepted that a maximum gap of 48 hours could be accepted before the onset of nerve root symptoms for a causal association to exist. The remainder said that up to 3 months of continuous ipsilateral somatic limb symptoms would be sufficient for an association between the accident and injury. Responders varied widely in their answer to the question “what % of acute discogenic nerve root pain is not caused by an accident or injury?” Responses ranged from 10 to 90%. Mean 58 %. Discussion There is a modest consensus about the circumstantial association of an accident or injury and the onset of nerve root pain. There is wide disparity about the causation of acute discogenic nerve root pain, in general

Every country has its own criteria for consent. In most, a written consent form is used to reflect patient understanding and permision for the procedure to happen. While oral consent has as much legal sway as the written consent form, the presence of a signature acts as proof of discussion. All European hospitals should have a 100% compliance with patient’s signing consent forms, but their completion is often incomplete and inaccurate, have errors of omission and have lead to litigation, poor patient understanding and recall. We (along witht the BOA) introduce an computer programme of procedure specific orthopaedic consent forms. They have been created for most common elective and trauma operations. The forms follow the UK Department of Health guidelines on consent and contain a brief explanation of the procedure, offer alternative therapies/consequences of not having the procedure (where appropriate), the serious risks and commonly occurring complications. They are written in layman’s English (aimed at a reading age of 14 years). Preliminary trials have also shown the time taken to print and complete a pre-designed form is much less than that of the current handwritten form, reducing errors of omission whilst still allowing discussion with the patient. The forms are currently available as word documents from an easily navigable website. With a view towards European usage, the forms can be easily translated to other languages at minimal cost. With support from the British Orthopaedic Association (BOA), the BOA medico-legal committee, the specialist societies and consultant users (via the website) we hope that the project will continue to evolve with a greater selection of procedural consent forms becoming available. It is believed, from the evidence available, that this approach should decrease the incidence of patient misunderstanding, and the potential risk of successful litigation, while encouraging better communication between patients and surgeons

Spinal pathologies requiring spinal/neurospinal unit’s input/opinion from tertiary centres for their management are initially admitted to DGHs. The referral is made by mailing radiographs with clinical details to the on-call registrar who gets back with a management plan. This arrangement is fraught with delays at various levels having an impact on patient care, financial and medico-legal implications. We discuss these issues between index DGH (Poole General Hospital) and its tertiary referral centres. To review the existing management of spinal injury admissions at our hospital, analyse critical/adverse incidents and to identify areas for improving patient care. A comprehensive retrospective review of all spinal admissions/referrals made to tertiary centres over 6 months was undertaken. Twenty eight of the 64 admissions warranted referrals. A structured proforma was used to document the time of admission, time of booking and performing scans, time of referral & response from tertiary centre and time of transfer from hospital notes and delays at each level were critically analysed. Seven of the 28 referrals had either neurodeficit or spinal instability. Common issues were delay in obtaining CT/MRI scans (av 2.5 days), delay due to reporting/failing to act on results (av 1.8 days), delays due to missing/lost in transit’ scans (av 1.5 day), delay in obtaining opinion (av 4 days) and non-availability of bed for transfer (av 5.5 days). There was 1 mortality and 5 other complications while awaiting transfer. The financial costs incurred were approximately £73,000 & loss of 246 patient-days. Training on induction day, implementation of spinal care pathway and diligent documentation/communication coupled with succinct referral were strictly enforced following this study. The website . www.neurorefer.co.uk. was set up by Wessex neurological centre to streamline referrals and enhance efficiency. This website has now grown into a national secure referral portal incorporating other referral centres

Integrated care pathways (ICPs) have been shown to have many benefits in clinical practice and are being widely adopted in orthopaedic surgery. A high standard of medical record keeping is important for safe patient care and provides information for research, audit and medico-legal purposes. This study compares the quality of medical notation in an ICP with traditional record keeping. During a 3 month period 53 total hip replacements (ICP notation) and 30 total knee replacements (traditional notation) were performed in our unit. The records of each patient were scrutinised using a standardised scoring system, based on The Royal College of Surgeons’ guidelines on medical record keeping. Each set of records (83) were scored for admission clerking, subsequent entries, consent form, operation note and discharge letters. The time taken to retrieve this information was also recorded. The overall score for traditional records (mean 70%) was significantly higher than for the ICP records (mean 62%), p=0.001. The mean scores for initial clerking, subsequent entries and consent form were higher in the traditional record group. It took 35% longer to retrieve information from the ICP group (p < 0.001). In this study the quality of record keeping was higher when using the traditional notation than an established Integrated Care Pathway. In both groups the standard of clinical documentation was disappointing and must be improved if the potential clinical advantages of ICPs are to be realised. Better education of junior staff and regular auditing of medical records could improve this

We hypothesise that patients are unable to recall much of the information imparted during the informed consent procedure. This may have important medico-legal consequences and increase patient anxiety. Receiving the information in a written format may improve patient recall. There have been no previous studies testing recall or information sheets for British orthopaedic patients. We performed a randomised controlled trial of consent for total hip arthroplasty, with one group of patients receiving a written information sheet with explanation as necessary, and the control group receiving the same information verbally. The consent was obtained at a pre-operative assessment clinic approximately three weeks before admission. On admission, a questionnaire was filled in both groups of patients to assess recall. There were no significant differences between the two groups with regard to type of arthroplasty (revision or primary), age, or days from consent to admission. The group receiving written information performed better in the recall questionnaire. This group were pleased to have received the information sheet, there were no negative comments about the sheet. In the group who received verbal information, most expressed a desire to receive a written information sheet. One patient stated that she would rather know nothing about the operation and would have refused a sheet. We conclude that patient information sheets are an acceptable and appropriate method of imparting the necessary information for informed consent for total hip arthroplasty, and are more effective than standard verbal informed consent. Medico-legally, the sheet could be a permanent record of what was discussed. This should prevent disputes and claims due to poor recall of the consent procedure

During revision hip surgery, damage to the sciatic nerve is due most commonly to excessive tension. While the nerve is strong in tension and is able to tolerate this remarkably, it is sensitive to lateral compression against angled structures and it is likely that tension causes injury by such pressure. In a personal series of 441 revision hip procedures, sciatic nerve injury occurred in 9 recognised cases:. 2 were complete with no useful recovery. 2 were severe with some incomplete recovery. 3 were predominantly lateral popliteal with incomplete recovery. 2 were transient and clinically fully recovered. In only two of these were the cause and the time of injury identifiable. In these cases, pain was not a serious feature but in eight separate medico-legal cases, burning pain of variable distribution has been the most serious complaint. Medical negligence has been successfully sustained on the grounds of res ipsa locitur. Regrettably, patients must be given informed consent with yet another potential hazard being listed. We have found that in normal individuals the range of straight leg raising varies between 30 and 90 degrees. Towards the limit of this range the nerve is tight and a crude cadaveric test indicated a tension force of 40 newtons! In an athlete this may be extreme and yet the nerve does not complain. Excluding direct compression (e.g. by a retractor) and thermal injury, we suggest that the tension developed during unguarded straight leg raising while the patient is still anaesthetised is a serious risk factor. After even conservative lengthening, the tension rises alarmingly during such action. It is possible that pre-existing lumbar degenerative disk disease can contribute to the hazard and be source of pain

Rising health costs have seen increased emphasis on cost containment. Outpatient follow-up after total joint arthroplasty is one such accumulating cost. Enthusiastic recent media interest in failing implants and unacceptable waiting lists adds further interest to the area. We wished to determine the current post-operative follow-up practices and views of New Zealand Orthopaedic Surgeons. A postal survey was sent to all New Zealand Orthopaedic Surgeons. The response rate was 83% (131/158). There was wide variation in routine practice and beliefs. For cemented THJRs, 13% of surgeons routinely saw their patients for less than one year, 38% followed their patients for less than five years and 53% continued to see patients indefinitely. Follow-up for uncemented/hybrid prostheses was higher: 8% for < one year, 29% for < 5 years and 59% indefinitely. A system of periodically re-calling patients for x-rays without necessarily seeing them is used by 20% of surgeons. The most frequent reasons given for follow-up were the detection of osteolysis, wear, loosening and patient symptoms. Similar figures for total and uni-compartmental knee replacements were reported. Almost a third of surgeons reported that they were unable to follow-up their patients as they would like to because of resource limitations within the public health sector. 44% believed that future changes in medico-legal expectations will necessitate longer follow-up of patients. This survey demonstrates wide variation in practice. Higher follow-up rates for un-cemented/hybrid prostheses may reflect uncertainty about the long-term results. There is concern amongst surgeons that their ability to follow-up patients within the public health-care sector is constrained by cost. Periodic questionnaire and x-ray assessment was suggested by many as a possible alternative for long-term follow-up of selected patients. Few surgeons are however presently using such a system. We propose a standard of care

Routine metalwork removal, in asymptomatic patients, remains a controversial issue in our daily practice. Current literature emphasized the potential hazards of implant removal and the financial implications encountered from these procedures. However, there is little literature guidance and no published research on current practice. To estimate the current state of practice of orthopaedic surgeons in the United Kingdom regarding implant removal for limb trauma in asymptomatic patients, an analysis of the postal questionnaire replies of 36% (500 out of 1390) of randomly selected UK orthopaedic consultants was performed by two independent observers. 47.4% replies were received. A total of 205 (41%) were found to be suitable for analysis. The most significant results of our study I: 92% of orthopaedic surgeons stated that they do not routinely remove metalwork in asymptomatic skeletally mature patients. II: 60% of trauma surgeons stated that they do routinely remove metalwork in patients aged 16 years and under, while only 12% of trauma surgeons do routinely remove metalwork in the age group between 16–35 years. III: 87% of the practising surgeons indicated that they believe it is reasonable to leave metalwork in for 10 years or more. IV: Only 7% of practising trauma surgeons replied to this questionnaire have departmental or unit policy. No policy is needed for metalwork removal, as most of the orthopaedic surgeons were complying with literature guidance supporting the potential risks associated with implant removal, in spite of the limited number of departmental or units’ policies on implant removal and the paucity of the literature documenting the current practice. However, there is a discrepancy among trauma surgeons in relation to metalwork removal between patient age groups. This indicates guidelines would be helpful to guide the surgeon for the best practice. This is important from a medico-legal standpoint because surgeons are being criticised for not achieving satisfactory results in negligence cases

Introduction: This is a prospective study of a series of consecutive cases of Os Odontoideum focussing on CT and MRI data. Both congenital and post-traumatic aetiologies have been proposed in the literature. This can lead to confusion in a medico-legal and clinical setting. Methods: Radiological, CT and MRI data from 26 consecutive cases of cranio-cervical anomalies were collected prospectively. Demographic details, the presence of any recent or remote traumatic aetiology and the clinical presentation were obtained from the medical record. A reconstructed mid-sagittal CT was examined for the thickness of the arch of C1, the size and location of the Os and the morphology of the atlantodens joint. The presence of any cord impression or signal change was obtained from the MRI. Results: 18 cases of Os Odontoideum were identified. Only one had a history of significant trauma remote from presentation. All adults had an abnormal archdens joint configuration (the ‘Jigsaw’ sign) with one exception. The atlantodens ratio was significantly greater in all cases of Os odontoideum indicating a relatively thickened anterior arch of the atlas. One case of non-union of a dens fracture presenting five or more years after the injury was identified in this series. Neither in this case nor two cases of transverse ligament rupture and two cases of Ossiculum terminale, was a thickened arch or an abnormal atlantodens joint observed. 12 of the cases presented after traumatic injury to the neck. In only three of these was there any abnormal neurological signs. Conclusions: Os Odontoideum has a characteristic appearance of the anterior C1 arch and the atlantodens joint as viewed on CT. These radiological signs are not observed after dens fractures. They may be taken to indicate a congenital aetiology for the condition. Patients with Os odontoideum are able to tolerate moderate to severe levels of injury without sustaining significant acute cord damage

Aim: To identify the incidence of regular medication not being prescribed on initial admission of emergency surgical cases. Material and Method: The data for this audit was taken from all surgical admissions over an approximately one month period between December 2004 and January 2005. Prescribed drugs for each patient were checked the morning after admission. If the patient was unable to provide this information, we obtained their regular medication list from the GP. A total of 71 admissions were studied, 58% were referred from A& E, whereas 34% from the GP or primary care and a small percentage came from referrals from other wards within the hospital. Results: Out of the 71 admissions, 46 patients were receiving at least one regular medication. Obviously, some patients were on medications for more than one disease and these were looked at individually. From all 71 admissions, 21% of them had at least one error, i.e. at least one regular medication was not prescribed on admission. If there was a documented reason for the omission of a particular drug then this was not counted as an error. Analysing each co morbidity individually, 42% of IHD medication were not prescribed despite being taken on a regular basis by the patient, 33% for hypertensive and diabetic medication, 50% for asthmatic and psychiatric medication and 29% for medication for other less serious conditions. 81% of the errors made were on patients referred from A& E, while 15% where from patients received from the GP/primary care. Only 4% of the errors was made on patients referred from other wards. However, A& E referrals were almost double those of GPs. Hence, in a total of 41 A& E referrals 21 errors were made, while in a total of 24 GP referrals only 4 errors were made. Only 1 error was made in the total of 6 ward referrals. Conclusion and Discussion: The results of this audit are surprising and alarming. 21% of admissions had at least one regular medication not prescribed by the admitting doctors. Missing out on regular medication can have potentially life-threatening effects on patients as well as severe medico-legal implications. Most of the mistakes were being made with patients that are referred from the accident and emergency department. These patients are generally more unwell than the ones referred from the GP or primary care, and quite often are elderly patients on a multitude of drugs that are unable to remember some or all of their tablets. Patients admitted out of hours present an added difficulty in that GPs are not available for confirmation of the patient’s regular medication. So, more care and emphasis need to be given on drug history when admitting a patient