BY JIM HALL
A Fredericksburg surgeon faces legal claims that he mishandled two surgeries, including one which claims that he operated on the front of the patient's shoulder when the problem was on her back.
Dr. Michael Snedden, an orthopedic surgeon, is the defendant in two malpractice suits filed recently in Fredericksburg Circuit Court.
Lexie Fincher, a Stafford County resident, claims that Snedden made a series of errors during her surgery, including the removal of healthy tissue from the front of her shoulder when the tumor that was causing her problem was on the back.
In the other claim, Tamara Henry, a Spotsylvania County resident, says Snedden damaged the patellar tendon in her knee while attempting to remove the bursa.
Snedden could not be reached for comment. Robert Donnelly, his Richmond attorney, said yesterday that he would advise Snedden not to talk about the cases.
"It's our practice generally to not comment on ongoing matters that are in litigation," Donnelly said.
In court papers, Snedden denies responsibility for Henry's injury. He had not filed a response to Fincher's claim by yesterday.
"We do intend to defend those cases," Donnelly said.
Fincher first visited Snedden at his Central Virginia Orthopedics & Sports Medicine office in 2008, according to court papers. She had a small mass on the back of her right shoulder that was causing pain.
Snedden diagnosed the mass as a lipoma, a benign tumor composed of fatty tissue. He scheduled surgery under full anesthesia for May 2008 at the Fredericksburg Ambulatory Surgery Center.
On the morning of the surgery, nurses at the surgery center correctly prepped the back of the shoulder. But after Fincher was anesthetized, Snedden examined both the front and back of her shoulder and could not find the lipoma, according to the lawsuit.
The suit claims that he checked an MRI that had been done beforehand and mistakenly concluded that the lump was on the front of the shoulder. Before surgery, a radiologist had read the MRI and reported to Snedden that the lipoma was on the back of the shoulder.
The lawsuit contends that Snedden failed to take several basic steps that could have prevented the wrong-site surgery.
These include:
He did not check with the radiologist or read the radiologist's report.
He did not mark the correct location of the lipoma on Fincher's body with a felt-tip pen.
When he realized he was confused, he did not cancel the surgery or wake Fincher to ask her where he was supposed to operate.
"Instead, the defendant went on an unauthorized hunting trip looking for the lipoma, splitting muscle that did not need to be split and undermining tissue that did not need to be undermined," the suit says.
Eventually, Snedden removed healthy tissue from the front of the shoulder but did not touch the lipoma, the suit says.
The next day, the defendant visited Snedden in his office. When the dressing on her shoulder was removed, she could see that the lipoma was still there.
"Once the defendant examined the plaintiff, he too realized he had made an error and admitted as such to the plaintiff and her husband," the suit states.
Fincher had physical therapy for her shoulder. Two months later, she went to a general surgeon, who removed the lipoma.
Her suit alleges negligence and battery and asks for $150,000 in damages.
Benjamin Glass, her Fairfax attorney, said her injury was not "catastrophic," but that Snedden's insurance carrier would not discuss a settlement.
"She wants to make a point," Glass said. "You've got to stand up and take responsibility when you make a mistake."
In the second case, Henry first visited Snedden in December 2008 for left-knee pain.
He recommended removal of the bursa, a fluid-filled cavity beside the kneecap. He performed the operation arthroscopically in February 2009.
During the surgery, he mistakenly cut the patellar tendon, the lawsuit alleges. The patellar tendon connects the bottom of the kneecap to the top of the shinbone and helps straighten the leg.
He converted the surgery to an open procedure and attempted to repair the tendon, according to the suit.
"The repair was not successful," said Jonathan Petty, Henry's Richmond attorney.
Henry has had seven surgeries on her knee since the procedure that Snedden performed. She now wears a brace, Petty said.
Her most recent surgery was an attempt to reconstruct the patellar tendon using her hamstring.
"She's still in the recovery phase," Petty said. "She's a year in and is not finished."
Snedden graduated from Jefferson Medical College of Thomas Jefferson University in Philadelphia. He did his residency there and was also an assistant professor of orthopedic surgery.
He did a fellowship in joint replacement at the University of South Florida.
Jim Hall: 540/374-5433
Email: jhall@freelancestar.com
The Virginia Board of Medicine asks physicians to report all paid malpractice claims that are greater than $10,000. The board lists the information on its website.
Dr. Michael Snedden reported to the board that he settled two claims in 2004 while he worked in Pennsylvania.
The first was in Norristown. The settlement amount was "below average." The second was in Philadelphia. The settlement amount was "average."
The Board of Medicine says that 12 percent of the nearly 1,700 orthopedic surgeons in Virginia have reported paid claims.