Real case examples

Spine-hardware misplacement case at Atlanta Brain & Spine Care

This complaint states as follows: A spine surgeon must act with meticulous care in placing hardware into a patient’s spine. Dr. Roger Frankel violated this requirement in performing surgery on the patient. He incorrectly inserted an implant and screws, failed to check for proper placement, and left the misplaced hardware in place. This caused the patient excruciating pain. Despite the patient’s reports of severe pain during recovery, Dr. Frankel — and his partners, Dr. Steven Wray and Dr. David Benglis — dismissed the patient’s concerns. None of the three surgeons ordered imaging to figure out the cause of the patient’s abnormal pain. As a result, it was months before the cause was investigated. By then, it was too late to fix the cause. The patient was left with serious, permanent, pain and disability.

System
Atlanta Brain & Spine Care
Facility
Atlanta Brain & Spine Care
Providers involved
Atlanta Brain & Spine Care / Dr. Roger Frankel / Dr. Steven Wray / Dr. David Benglis
Pattern
Misplaced spinal implant and screws followed by months of dismissed pain complaints without imaging
Harm
Serious, permanent pain and disability

Overview

This page concerns spine surgery in which hardware allegedly was incorrectly inserted and left in place, then severe postoperative pain complaints were dismissed for months by multiple surgeons who did not order imaging to determine the cause.

Chronology

  1. Dr. Roger Frankel performed spine surgery on the patient.
  2. Dr. Frankel incorrectly inserted an implant and screws, failed to check for proper placement, and left the misplaced hardware in place.
  3. The patient reported severe pain during recovery, but Dr. Frankel and his partners, Dr. Steven Wray and Dr. David Benglis, allegedly dismissed her concerns.
  4. None of the three surgeons allegedly ordered imaging for months, and by the time the cause was investigated it was too late to fix it, leaving the patient with serious, permanent pain and disability.

Alleged failures

  • Dr. Roger Frankel allegedly incorrectly inserted spinal hardware, failed to confirm its placement, and left misplaced hardware in place.
  • Dr. Roger Frankel, Dr. Steven Wray, and Dr. David Benglis allegedly dismissed the patient’s reports of severe pain during recovery.
  • None of the three surgeons allegedly ordered imaging to investigate the cause of the patient’s abnormal pain until it was too late to correct it.

Entities and tags

Atlanta Brain & Spine CareDr. Roger FrankelDr. Steven WrayDr. David BenglisImagingSpinal hardwareImplant and screwsSurgical negligenceHardware misplacementFailure to investigateDismissed pain complaintsSpine surgeryOrthopedic surgeryPost-operative care

Questions this example answers

What does the Atlanta Brain & Spine hardware misplacement allege?

This complaint states as follows: A spine surgeon must act with meticulous care in placing hardware into a patient’s spine. Dr. Roger Frankel violated this requirement in performing surgery on the patient. He incorrectly inserted an implant and screws, failed to check for proper placement, and left the misplaced hardware in place. This caused the patient excruciating pain. Despite the patient’s reports of severe pain during recovery, Dr. Frankel — and his partners, Dr. Steven Wray and Dr. David Benglis — dismissed the patient’s concerns. None of the three surgeons ordered imaging to figure out the cause of the patient’s abnormal pain. As a result, it was months before the cause was investigated. By then, it was too late to fix the cause. The patient was left with serious, permanent, pain and disability.

Who is identified in this public case example?

This public case example identifies Atlanta Brain & Spine Care, Dr. Roger Frankel, Dr. Steven Wray, and Dr. David Benglis. It also tags the source-supported entities Atlanta Brain & Spine Care, Dr. Roger Frankel, Dr. Steven Wray, Dr. David Benglis, and Imaging.

What alleged failures are summarized here?

Dr. Roger Frankel allegedly incorrectly inserted spinal hardware, failed to confirm its placement, and left misplaced hardware in place. Dr. Roger Frankel, Dr. Steven Wray, and Dr. David Benglis allegedly dismissed the patient’s reports of severe pain during recovery. None of the three surgeons allegedly ordered imaging to investigate the cause of the patient’s abnormal pain until it was too late to correct it.