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One of the leading brain surgeons that co-founded the North Shore University Hospital's Chiari Institute is facing three malpractice lawsuits over surgeries to correct Chiari malformations. The suits all allege that Dr. Bolognese improperly or needlessly performed a surgery to correct a Chiari malformation in each of the three separate plaintiffs.
The Chiari malformation is a rare condition where part of the brain forms under the brainstem where it connects with the neck and spinal cord. The effects of a Chiara malformation are varied from no symptoms at all, to severe. Currently the only treatment is surgery.
History of Getting Sued
Dr. Bolognese has seen quite a bit of trouble. According to one source, though the doctor was not out of operating room for long, he was suspended back in 2010 for failing to show up for a surgery. Also, he has faced approximately 20 medical malpractice lawsuits.
In addition to the malpractice lawsuits, a former employee who sued her hospital for sexual harassment, described some very strange behavior by Dr. Bolongese during surgery, including disappearing mid surgery and openly using expletives when frustrated.
A Surgeon's Malpractice Liability
Surgeons, like any other doctor, can commit medical malpractice. Discovering surgical malpractice is difficult however as frequently patients are under anesthetic and therefore unaware while the surgeon is working. If it is something obvious, like the surgeon operated on the wrong body part or patient, this will be easily discovered. However, if a surgical sponge or other implement was left behind, or the surgery was unnecessary, or some other avoidable mistake occurred, discovering the problem is the first step and may require expert medical assistance.
Once the mistake or problem is discovered, it must be determined, generally by more medical or surgical experts, whether the surgeon in your case fell below the standard of care. This means that a surgery that doesn't work isn't necessarily grounds for a malpractice suit. It only will be grounds for a lawsuit if the doctor made a mistake that made the level care provided fall below the standard of care that should have been provided.