Becker's Spine Review

23 PRACTICE MANAGEMENT Appeals court reverses IU Health win in suit over near-fatal spine surgery By Angie Stewart T he Indiana Court of Appeals reversed a judgment that would have allowed IU Health to dodge "vicarious liabil- ity" for an independent anesthesiologist's work in a near-fatal spine surgery, according to court documents filed Sept. 28. Six things to know about the case: 1. Richard Jernagan, a patient who had been identified as high-risk, went into cardiac ar- rest during a scheduled spine surgery at IU Health in 2011. Mr. Jernagan's anesthesia services were provided by an independent contractor whose business card had been handed to him upon check-in, with no fur- ther clarification of his relationship to the health system. 2. In 2013, Mr. Jernagan sued both IU Health and the surgeon who performed his sur- gery for medical malpractice. His complaint incorrectly identified the anesthesiologist involved in his procedure. In April 2015, a medical review panel issued an opinion fa- voring IU Health and its employed surgeon, without addressing the conduct of any anes- thesiologist. 3. Mr. Jernagan then filed a separate com- plaint naming IU Health and the surgeon, who was later dismissed from the complaint by the trial court. is particular complaint accused nurses of failing to properly monitor and document intraoperative blood loss, and of failing to notify the surgeon about it. 4. On Sept. 30, 2015, IU Health filed a motion for summary judgment, meaning a decision would be made without a full trial. During a January 2016 hearing on the motion for summary judgment, Mr. Jernagan alleged IU Health was "vicariously liable" for the acts of the independent contractor who provided his anesthesia services. 5. In September 2019, the trial court granted IU Health's motion for summary judgment, concluding that by giving Mr. Jernagan the anesthesiologist's business card and having him sign a consent form, IU Health provid- ed sufficient notification that an independent contractor would provide his anesthesia care. 6. Mr. Jernagan appealed, and the Indiana Court of Appeals reversed the summary judgment. It ruled the patient consent form didn't characterize the anesthesiologist as an independent contractor, and that the an- esthesiologist refers to himself as a practice partner rather than an "employee" of Anes- thesia Consultants of Indianapolis. "We conclude that a genuine issue of material fact exists whether the delivery of a business card during the surgical registration proce- dure is sufficient to satisfy the meaningful notice requirement informing the patient that the doctor performing the medical pro- cedure is an independent contractor," the court said. n 11-physician orthopedic practice joins Northwestern Medicine By Alan Condon D eKalb, Ill.-based Midwest Orthopaedic Institute became part of Chicago-based Northwestern Med- icine Oct. 1. Midwest Orthopaedic Institute's 11 physicians and more than 80 staff members are now employed by Northwestern Medicine, which also owns and operates the group's diag- nostic and rehabilitation services. "The skilled surgeons from Midwest Orthopaedic Institute have been practicing within the walls of Kishwaukee and Valley West Hospitals for nearly 50 years and we are proud to have them join Northwestern Medicine," said Jay Anderson, president of Northwestern Medicine Kishwaukee Hospital and Valley West Hospital, in Dekalb and Sandwich, Ill., respectively. Stan Brandon, MD, one of the first orthopedic surgeons in Dekalb County, founded Midwest Orthopaedic Institute in 1972. The practice provides the full spectrum of spine and ortho- pedic care, with offices in Dekalb, Sycamore and Sandwich. n Adena names $70M spine center to open in 2021 By Alan Condon C hillicothe, Ohio-based Adena Health Systems has branded its $70 million facility set to open in 2021 as Adena Orthopedic and Spine Institute, the Chillicothe Gazette reports. The 111,000-square-foot center will house the health system's orthopedics program and the Adena Spine Center, honing in on minimally invasive surgery and ad- vanced orthopedic treatment. Set to open next summer, the goal is to make Adena a "destination for orthopedic and spine care," James Fleming Jr., MD, interim medical director of Adena Bone and Joint Center, told the Gazette. The five-story facility will include 80 clinical exam rooms, six operating rooms, 20 inpatient recovery beds and 22 preoperative and postoperative recovery bays. Adena also hired joint reconstruction specialist Neel Pa- tel, MD, who will practice at the center next year. n

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