AAOS Board Takes Professional Compliance Actions

At its meeting on Dec. 4, 2010, the Board of Directors of the American Association of Orthopaedic Surgeons (AAOS) considered a grievance filed under the AAOS Professional Compliance Program. A report of that action has been delayed while litigation concerning the grievance was pending. The litigation recently concluded, and this action is now summarized below.

Patrick J. Brandner, MD
Las Vegas
1-Year Suspension

On Oct. 21, 2008, a grievance was filed against Patrick J. Brandner, MD, alleging violations of the Standards of Professionalism for Orthopaedic Expert Witness Testimony, Mandatory Standards Nos. 3, 4, 6, 7, and 8. The grievance arose from statements made by Dr. Brandner during deposition and trial testimony as an expert for the plaintiff in a medical liability lawsuit. Dr. Brandner opined that the Grievant fell below the standard of care with regard to informed consent because he did not specifically state that there was a possibility of peroneal nerve injury as a result of surgery for right tibial corrective osteotomy.

The patient in the underlying case had a 39° deformity of the tibia. For 6 months, the initial treating surgeon treated the patient nonsurgically. Three months after first being seen by the Grievant, the patient underwent right tibial corrective osteotomy. Prior to the surgery, two additional orthopaedic surgeons agreed that osteotomy was necessary, although the original treating surgeon continued to recommend nonsurgical treatment.

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