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Professional Negligence Law Reporter

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Negligent Performance of Unnecessary Spinal Procedure

July/August 2019

Bent v. Sethi, No. 443250-V (Md. Cir. Ct. Montgomery Cnty. May 9, 2019).

Patricia Bent underwent a right laminectomy performed by orthopedic surgeon Navinder Sethi. Although the surgery was successful, Bent developed pain, numbness, and tingling on her left side. She returned to Sethi, who recommended a bilateral laminectomy at L3-4. During that procedure, Bent suffered a right-side dural tear, which led to leakage of cerebral-spinal fluid and permanent nerve damage.

As a result of her injuries, Bent, 64, cannot feel anything on her right side from her waist down to her foot. This prevents her from walking independently, driving, or continuing her work as a nurse earning approximately $70,000 annually.

Bent and her husband sued Sethi and Potomac Valley Orthopaedic Associates, alleging negligent performance of the bilateral laminectomy. Suit also alleged failure to provide informed consent in that Sethi did not offer Bent the option of undergoing secondary treatment on just the left side of her spine instead. The risk of a dural tear during a spinal revision is as high as 30%, the plaintiffs claimed.

The jury awarded more than $2.04 million.

Plaintiff counsel: A. Wray Fitch IV and Tara Clary, both of Baltimore.