1 . Standard
We have developed criteria to determine the appropriate indications for
Informed consent is a very important part of surgical treatment. In this paper, we report a number of legal judgements in spinal surgery where there was no criticism of the surgical procedure itself. The fault that was identified was a failure to inform the patient of alternatives to, and material risks of, surgery, or overemphasizing the benefits of surgery. In one case, there was a promise that a specific surgeon was to perform the operation, which did not ensue. All of the faults in these cases were faults purely of the consenting process. In many cases, the surgeon claimed to have explained certain risks to the patient but was unable to provide proof of doing so. We propose a checklist that, if followed, would ensure that the surgeon would take their patients through the relevant matters but also, crucially, would act as strong evidence in any future court proceedings that the appropriate discussions had taken place. Although this article focuses on spinal surgery, the principles and messages are applicable to the whole of orthopaedic surgery. Cite this article:
Surgical decision-making in lumbar spinal stenosis
involves assessment of clinical parameters and the severity of the
radiological stenosis. We suspected that surgeons based surgical
decisions more on dural sac cross-sectional area (DSCA) than on
the morphology of the dural sac. We carried out a survey among members
of three European spine societies. The axial T2-weighted MR images
from ten patients with varying degrees of DSCA and morphological
grades according to the recently described morphological classification
of lumbar spinal stenosis, with DSCA values disclosed in half the
assessed images, were used for evaluation. We provided a clinical
scenario to accompany the images, which were shown to 142 responding
physicians, mainly orthopaedic surgeons but also some neurosurgeons
and others directly involved in treating patients with spinal disorders.
As the primary outcome we used the number of respondents who would
proceed to surgery for a given DSCA or morphological grade. Substantial
agreement among the respondents was observed, with severe or extreme
stenosis as defined by the morphological grade leading to surgery.
This decision was not dependent on the number of years in practice, medical
density or specialty. Disclosing the DSCA did not alter operative
decision-making. In all, 40 respondents (29%) had prior knowledge
of the morphological grading system, but their responses showed
no difference from those who had not. This study suggests that the
participants were less influenced by DSCA than by the morphological
appearance of the dural sac. Classifying lumbar spinal stenosis according to morphology rather
than surface measurements appears to be consistent with current
clinical practice.
Recurrence of back or leg pain after discectomy
is a well-recognised problem with an incidence of up to 28%. Once conservative
measures have failed, several surgical options are available and
have been tried with varying degrees of success. In this study,
42 patients with recurrent symptoms after discectomy underwent less
invasive posterior lumbar interbody fusion (LI-PLIF). Clinical outcome
was measured using the Oswestry Disability Index (ODI), Short Form
36 (SF-36) questionnaires and visual analogue scales for back (VAS-BP)
and leg pain (VAS-LP). There was a statistically significant improvement
in all outcome measures (p <
0.001). The debate around which
procedure is the most effective for these patients remains controversial. Our results show that LI-PLIF is as effective as any other surgical
procedure. However, given that it is less invasive, we feel that
it should be considered as the preferred option.
In order to identify the risk factors and the incidence of post-operative spinal epidural haematoma, we analysed the records of 14 932 patients undergoing spinal surgery between 1984 and 2002. Of these, 32 (0.2%) required re-operation within one week of the initial procedure and had an International Classification of Diseases (ICD)-9 code for haematoma complicating a procedure (998.12). As controls, we selected those who had undergone a procedure of equal complexity by the same surgeon but who had not developed this complication. Risks identified before operation were older than 60 years of age, the use of pre-operative non-steroidal anti-inflammatories and Rh-positive blood type. Those during the procedure were involvement of more than five operative levels, a haemoglobin <
10 g/dL, and blood loss >
1 L, and after operation an international normalised ratio >
2.0 within the first 48 hours. All these were identified as significant (p <
0.03). Well-controlled anticoagulation and the use of drains were not associated with an increased risk of post-operative spinal epidural haematoma.