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