Texas Medical Board Complaint Over Spine Surgery Dismissed

Serpe Jones successfully defended a neurosurgeon against a complaint at the Texas Medical Board alleging that the surgeon; (1) operated on the wrong level in a patient’s back, (2) the procedure compressed the patient’s spinal cord, and (3) the doctor then concealed these alleged mistakes. To complicate matters, various radiologists reviewing the patient’s spine films found that the surgery was done at different anatomical locations in the spine. Attorney Matt McCracken assisted the surgeon in responding to the complaint by showing that the surgery was performed at the proper level in the spine, the type of procedure performed on this patient opens rather than compresses the spine, and that there were no mistakes requiring disclosure to the patient. In dismissing the complaint, the Board agreed with the surgeon’s response and found no violation of the Medical Practice Act.