Resident Saint Louis University School of Medicine saint louis university school of medicine St Louis, MO, US
Disclosure(s):
Mayur S. Patel, MD: No financial relationships to disclose
Introduction: During the COVID-19 pandemic, access to medical care, especially "non-emergent" medical care, was delayed across the United States. Multiple factors and an overwhelmed healthcare system during the COVID-19 pandemic have led to poor health outcomes and malpractice litigation claims against medical professionals, medical care centers, and non-medical care centers. We aim to assess the malpractice litigation claims that emerged that cite a delay in received care for spinal pathologies due to the COVID-19 pandemic. We further identify factors associated with these claims including the length of time of delay, reason for delay, plaintiff characteristics, geographic location in the U.S., cited claims, as well as spinal pathologies.
Methods: A search was queried in LexisNexis for cases, verdict, and settlement reports regarding litigation due to a delay in care during the COVID-19 pandemic. Data collected pertained to plaintiff characteristics, delay time, reason for delay, alleged claim, state/region, spinal pathology, and case outcome.
Results: 32 cases met the criteria for full review. Inmates and male plaintiffs were the most represented throughout the data. 23 (71.88%) plaintiffs were recorded as having lost their case. The average delay time was 5.64 ± 3.83 months, with 25% of plaintiffs not receiving care at the time of the case. Most delays were due to general and physician-specific delays. Complaints were filed for mostly lumbar spine conditions, with pain as the most common symptom (96.88%).
Conclusion : This is the first study that evaluated spine surgery patients who engaged in legal claims secondary to delays in spine care due to the pandemic. As a vast majority of plaintiffs were inmates, had difficulty attaining access to a specialist, and had issues with obtaining imaging and therapies, we suggest incorporating telehealth medicine in routine spine practice. This allows for more access to patients in global emergencies. Additionally, adequate staffing in prison systems, better medical education in correctional facilities, and partnerships between small and larger care centers can help alleviate litigation.
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