Georgia case library

Atlanta Brain & Spine Care complaint alleges spine-hardware misplacement

The complaint alleges that Dr. Roger Frankel incorrectly inserted a spinal implant and screws, failed to check for proper placement, and left misplaced hardware in place. The patient reported severe post-operative pain, but Dr. Frankel and his partners, Dr. Steven Wray and Dr. David Benglis, dismissed those concerns and did not order imaging for months. By the time the cause was investigated, corrective treatment was no longer possible and the patient had 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
Alleged 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

The complaint alleges as follows:

  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

The complaint alleges the following 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 errorDelayed or missed diagnosisSpine surgeryOrthopedic surgeryPost-operative care