BurtRepLogo02.gif (3938 bytes)

 

Spinal Instrumentation:
An Obscene Industry?


It is a sad state of affairs indeed when health care establishments loose their way and forget their ethics and integrity (the basic reasons as to why they exist).  Such a situation is particularly distressing, because it preys on the trust being extended by the unsuspecting patient when they place their personal destiny in the hands of physicians.  A patient should rightfully believe that the care being recommended for them will reflect the principles of the Hippocratic oath or, simply follow William James Mayo's (son of the founder of the Mayo Clinic) credo that "the patient's interests come first."

When such is not the case there then becomes an urgent need for identification and remedy.  On December 30, 2006 the New York Times published "The Spine As A Profit Center" written by Reed Abelson. 

This article, along with other previous articles, has pointed out that spinal fusion surgery has become one of the most lucrative areas of medicine for spine surgeons, instrumentation manufacturers, and for hospitals.  Professional concerns regarding the overuse of this technology as a means of profit for all concerned (other than the patient) have been emerging for a number of years now with little restraint or control in evidence.

Conflicts of interest have existed, to some degree, in health care from its inception.  Typically, these were apparent to a discerning patient thus allowing them to better direct their health care decisions.  When these conflicts are, however, hidden from view and become progressively more obscene, the time has come for concerned individuals and organizations to take appropriate action. 

Multi-level pedicle screw spinal fusion surgery performed as a treatment for back pain alone has clearly emerged as the endeavor in which the greatest conflicts of interest have arisen. Professor Klaus-Peter Schulitz made this important observation in 2004:

It is unfortunate, but true, that the use of pedicle screw fixation as a primary means of addressing low back pain has now become big business for spine mechanics (as opposed to true spine surgeons) and for some hospitals who have avoided informing patients of the true risks or other alternatives.  It is also unfortunate, but true, that this practice, has led to an inordinate number of "failed back surgery" patients.  In fact, this practice has now reached the level of being a serious public health pandemic.

One encouraging occurrence has been the creation of an "Association of Ethical Spine Surgeons."  The AESS has created ethical guidelines designed to minimize conflicts of interest in the spine surgeon community.  It's President, Charles D. Rosen believes that there is a great need, at the present time. to restore trust in the spine surgery profession.  He has been supported in this effort by a group of spine surgeon colleagues who have shared his concerns (this Editor is pleased to be a member of this group).

The AESS is now actively pressing to limit the undue influence of commercial bias in the care of patients.  The AESS believes that this conflict of interest has pervaded the leadership of spine organizations and has thus subverted their decision-making process.  The AESS has begun to formally request that, from this point on, that officers and board members of these organizations be chosen only from the majority of members who have no significant financial bias with the spine implant industry.  Recently Dr. Rosen sent the AESS position on this to the membership of the North American Spine Society (NASS) for their review.  Commentary on this has proved to be interesting and worthy of reviewing.