Simon Dardashti, MD, MS
Medical Expert – Pain Management & Injury Specialist
Spinal Cord Stimulation (SCS) is often hailed as a game-changer in the field of pain management, offering hope to patients who haven’t found relief through other means. It sounds almost futuristic: implanting a small device that delivers electrical pulses to the spinal cord to block pain signals from reaching the brain. But like all medical interventions, SCS can be both a lifesaver and, occasionally, a source of legal battles when something does not go as planned.
In this article, I’ll discuss the medical science behind SCS, its role in chronic pain management, and the legal considerations that come into play in medical malpractice and personal injury cases.
How Does Spinal Cord Stimulation Work (and No, It’s Not Electroshock Therapy)?
Spinal cord stimulators are small, implantable devices that send electrical pulses to specific nerves in the spine. These pulses interfere with the transmission of pain signals to the brain, offering relief to patients suffering from conditions like:
• Chronic back or leg pain
• Failed back surgery syndrome (FBSS)
• Complex regional pain syndrome (CRPS)
• Peripheral neuropathy
The device consists of electrodes placed near the spinal cord and a pulse generator, which is implanted under the skin. Patients can adjust the intensity and frequency of the pulses using a remote control, allowing for customizable pain relief.
For many patients, SCS provides significant pain relief and reduces the need for opioid medications. But as with any invasive procedure, complications can arise—ranging from infection and device malfunction to nerve damage and inadequate pain relief.
When SCS Leads to the Courtroom: Legal Considerations in Malpractice and Personal Injury
In medical malpractice cases, the implementation of SCS can become the center of attention. Questions often arise about whether the stimulator was appropriate for the patient, whether other conservative treatments were fully explored, or whether the procedure was performed correctly.
The key issues in malpractice cases usually include:
• Proper Patient Selection: Was the patient an appropriate candidate for SCS, or was the device used prematurely or unnecessarily?
• Technical Performance: Was the implantation procedure done correctly, or did technical errors result in complications like nerve damage or device malfunction?
• Informed Consent: Did the patient fully understand the risks, benefits, and potential complications associated with the implant?
In personal injury cases, the focus may shift to whether SCS was necessary after an injury (like a car accident) and if it provided the expected level of pain relief. Was the spinal cord stimulator part of the patient’s treatment plan to address injury-related pain or did it represent over-treatment?
In both types of cases, legal professionals need to evaluate whether the use of SCS was reasonable and aligned with standard medical practices. This is where the role of a pain management expert becomes crucial.
Reasonableness of Spinal Cord Stimulation: Was It Really the Best Option?
When it comes to medical malpractice or personal injury, the reasonableness of treatment is often front and center. Did the physician adhere to current medical standards in recommending SCS? Were other, less invasive treatments like physical therapy, medications, or injections fully explored before opting for implantation? Or was the patient rushed into a procedure that carries its own risks?
As a medical expert, I frequently review these cases to assess the appropriateness of SCS. By looking at the patient’s medical history, pain condition, and treatment pathway, I help determine whether the spinal cord stimulator was the right option or if it represented an unnecessary or poorly performed intervention.
Closing Thoughts: Spinal Cord Stimulation—A Medical Marvel, but Not Without Its Legal Challenges
Spinal cord stimulation can be a highly effective tool for managing chronic pain, but like any medical procedure, it’s not without its complications. In the hands of experienced pain management physicians, SCS can transform a patient’s quality of life. However, when something does not go as planned, understanding the medical and legal implications becomes crucial for attorneys, medical professionals, and consultants alike.
For those working on medical malpractice or personal injury cases involving spinal cord stimulation, having a pain management medical expert on your team can make all the difference. Whether it’s assessing the appropriateness of the device or reviewing the reasonableness of treatment, expert opinions help ensure that justice is served — whether that means defending a physician’s actions or advocating for the injured party.