Becker's Spine Review

July/August Spine Review 2018

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10 SPINE SURGEONS Spine surgeon collected $847K from Medicare after surrendering license — And he's not alone: 5 things to know By Laura Dyrda T he Milwaukee Journal Sentinel re- cently revealed now-deceased spine surgeon Cyril Raben, MD, contin- ued practicing medicine after surrender- ing his license and collected thousands from Medicare before his death. Dr. Raben obtained a license to practice medicine in several states, but by the end of his career he left a trail of complications and patient deaths. Here are five things to know: 1. Dr. Raben practiced for many years in Arkansas, but a 2007 review of 15 surgical cases found a 73 percent complication rate. The review was conducted after a patient complained about Dr. Raben; the patient had been paralyzed as a result of surgery he performed. In 2014, he told the Arkan- sas board he would no longer perform sur- geries in the state, but he did bill Medicare for $44,000 in 2015 for performing spinal injections. 2. During that time, Dr. Raben also prac- ticed medicine in Ohio and Minnesota. In 2014, Mr. Raben surrendered his medical license in Ohio following reports from pa- tients who died or were paralyzed during spine procedures he performed. 3. From 2013 to 2015, Dr. Raben received around $1.3 million from Medicare for sur- gery he performed, with around $847,000 coming after he surrendered his license to practice in Ohio. 4. Although Dr. Raben admitted to being sued somewhere between 15 and 30 times in either Ohio, Minnesota or Arkansas, he continued providing medical care and billing for his services. Dr. Raben also had his license in Pennsylvania and Missouri revoked, and he surrendered his license in Texas. While Dr. Raben and his insur- ance company settled at least three cases in three different states, he continued practic- ing medicine until his death in 2017. 5. Dr. Raben was not alone in collecting Medicare payments after surrendering his license; in 2015, there were 216 physicians with surrendered or revoked licenses, or who were excluded from the state-paid healthcare rolls, that were on Medicare's rolls. All together, those 216 physicians re- ceived $25.8 million in 2015. n Jury awards $4.5M over misplaced pedicle screw during spine surgery: 5 things to know By Shayna Korol O n April 6, a Union County, N.J., jury awarded a plaintiff $4.5 million over a botched spine surgery. The plaintiff will recover $2.25 million because of a high-low agreement the lawyers entered after closing arguments, the New Jersey Law Jour- nal reports. Here are five things to know: 1. The medical malpractice suit Ayala v. Friedlander, M.D., claimed a March 2011 lumbar fusion surgery per- formed by neurosurgeon Marvin Friedlander, MD, and orthopedic spine surgeon Douglas Bradley, MD, strayed from the accepted standards of care because a pedicle screw was placed in the wrong location. 2. The suit claimed Dr. Friedlander failed to diagnose and treat the mispositioned screw in a timely manner, leading the plaintiff to develop pain in his right leg, numbness in his right calf and weakness in his right toes. 3. Dr. Friedlander did not order a CT or MRI until Jan- uary 2013, when the pedicle screw was found to be in the wrong location and a failed fusion was diagnosed, according to the suit. The plaintiff underwent revision surgery in May 2013. 4. The jury found the defendants liable and allocated 75 percent of the fault to Dr. Friedlander and 25 percent to Dr. Bradley. The plaintiff received $2.4 million for pain and suffering and loss of enjoyment of life, $2 million for lost income and approximately $123,000 for medi- cal expenses. 5. A high-low agreement is a settlement in which a de- fendant agrees to pay the plaintiff a minimum recovery in exchange for the plaintiff agreeing to accept a max- imum amount regardless of the trial's outcome. Under the high-low agreement, Drs. Friedlander and Bradley will pay half of the $2.25 million. n

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