Becker's ASC Review

45 QUALITY & ACCREDITATION 4 things to know for ASCs seeking deemed status through The Joint Commission By Angie Stewart T he Joint Commission is deemed by CMS as an ap- proved accreditor for ASCs seeking Medicare certification. Michael Kulczycki, executive director of The Joint Commission's ambula- tory care accreditation program, discussed deemed status for ASCs during a podcast. Here are four takeaways: 1. The Joint Commission can provide accreditation and Medicare certi- fication simultaneously through its survey process. 2. Obtaining deemed status through The Joint Commission prevents facilities from needing to undergo duplicate surveys because The Joint Commission's survey process incorpo- rates Medicare standards. 3. The Joint Commission can provide a "more consultative and education- al survey experience" than Medicare certification surveys conducted by state agencies, Mr. Kulczycki said. 4. Facilities preparing for a survey can consult The Joint Commission's survey activity guide, which outlines the com- ponents of a two- to four-day survey agenda. It details what documents should be ready when surveyors arrive and which staff members should par- ticipate in each part of the process. 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 Journal reports. Here are five things to know: 1. The medical malpractice suit Ayala v. Friedlander, M.D., claimed that a March 2011 lumbar fusion surgery performed 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 mis- positioned 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 January 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 medical expenses. 5. A high-low agreement is a settle- ment in which a defendant agrees to pay the plaintiff a minimum recovery in exchange for the plaintiff agree- ing to accept a maximum 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 Porter Adventist spine surgeon halts surgery mid-procedure due to contaminated tools: 5 insights By Mackenzie Garrity T he same day the Colorado Depart- ment of Public Health and Environ- ment released the results of its disease control investigation at Denver-based Porter Adventist Hospital, a spine surgeon stopped surgery mid-procedure due to allegedly dirty equipment, according to 9 News. Here are five insights: 1. A 61-year-old patient came to Porter Ad- ventist Hospital April 4 to undergo a transfo- raminal lumbar interbody fusion, an intensive surgery that lasts around four to five hours. However, a few hours into the surgery time, the patient woke up to discover the procedure had not been completed. 2. e patient's medical records indicated the surgeon aborted the surgery aer allegedly noticing contaminants on various instruments. Surgical staff also reported a "brown-yellowish" substance on one of the instruments. 3. e CDPHE's report investigation found instruments used in orthopedic and spine sur- geries were allegedly not sterilized properly. e hospital notified patients between the summer of 2016 to April 5, 2018, to get tested for hepatitis and HIV. 4. Aer the investigation, Porter Adventist voluntarily suspended all surgeries. e hospital has since issued a statement saying the sterilization standards have been fixed and surgeries are resuming. 5. e 61-year-old patient underwent an HIV test that came back negative and will be tested for hepatitis soon. e surgeon and the patient decided to go to another hospital to finish the surgery, and the patient is now recovering. n TOTAL

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