Keilty Bonadio Files a Lawsuit Over Injuries Suffered at an Outpatient Surgical Center

The law firm Keilty Bonadio has recently filed an important medical negligence case over injuries suffered by our client during a cervical spine surgery at an outpatient surgery center that was partially owned by the surgeon who recommended and performed the procedure.

This case involves important issues, including a physician’s responsibility under Maryland law to tell a patient that the physician has a financial interest in referring a patient to a specific practice or facility.

Case Background

It is becoming more common for a surgeon, or groups of surgeons, to own outpatient surgical centers. These surgical centers are stand-alone facilities where some patients are referred for procedures instead of a hospital. For some patients that are undergoing minor procedures that do not require overnight observation, a surgical center may be more comfortable than a hospital.

But when a surgeon refers their patient for surgery at a surgery center instead of at a hospital, Maryland law requires that the surgeon disclose several things, including:

• If the surgeon owns the practice or the surgery center and therefore stands to gain financial benefit from the patient having surgery at the surgery center and not at a hospital.
• If there are any additional risks of having surgery at the surgery center instead of the hospital. This can include things like lack of access to blood products or other emergency supplies or procedures in case there is a complication during surgery.

In our case, our client was having balance issues and pain and was told by his doctor to seek out a spine surgery practice. When our client found a surgeon, the surgeon recommended a substantial four-level cervical decompression and fusion surgery. Without giving our client a choice, the surgeon scheduled the surgery at a surgery center and not a hospital. The surgeon was a part owner of the surgery center.

Unfortunately, during the surgery, the surgeon injured our client’s vertebral artery, causing severe bleeding and other injuries that required additional surgeries and rehabilitation. Our client was left with permanent injuries and pain.

Allegations

In the lawsuit, we allege that:

• The surgeon violated Maryland law by failing to tell our client that he was a part owner of the outpatient surgical center.
• The serious cervical spine surgery recommended by the surgeon was too risky to perform at an outpatient surgery center and should have taken place at a hospital where our client should have been scheduled to stay for several days after surgery. Instead, he was only scheduled to stay at the surgery center for 23 hours – the maximum allowed for such places.
• The surgeon failed to tell our client that there were serious additional risks with performing such a serious surgery at a surgery center instead of at a hospital. For example, our client was bleeding profusely but there was no access to blood products at the surgery center, so our client had to wait several hours to receive a transfusion.
• The surgery center failed to have adequate emergency procedures in place. Under Maryland law, all outpatient surgery centers must have procedures in place to address these kinds of emergencies. In this case, it took several hours for the surgery center to arrange air transport to an appropriate trauma center.

Attorney’s Statement

Nicholas Bonadio, one of our attorneys working on the case, stated that: “Patients who are in pain and seeking help are in a vulnerable position.

Physicians cannot take advantage of that trust by failing to be honest. Every patient has a right to know if a physician has a financial interest in recommending a particular course of treatment over alternatives.”

Conclusion

This case highlights the essential role of the legal system in ensuring accountability within the medical community. At Keilty Bonadio, we are committed to advocating for patients’ rights and ensuring that medical professionals are held to the highest standards of care.

Contact Keilty Bonadio Today

If you or a loved one were affected by medical malpractice, you don’t have to face the aftermath alone. Keilty Bonadio is here to provide the legal support you need to pursue fair compensation.  Our experienced attorneys can help you navigate your case and fight for justice.

Call us at 410-469-9953 or fill out our online contact form to schedule a free consultation.