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Spinal Patient Says Surgeon Miscounted

LAS VEGAS (CN) - A patient claims in court that her spinal surgeon fused together the wrong vertebrae, and then told her that the operation had gone fine.

Patricia Wyett sued Dr. Stuart S. Kaplan and the Western Regional Center for Brain & Spine Surgery, in Clark County Court.

Wyett claims the defendants were supposed to give her a diskectomy and fuse two vertebrae on Dec. 17, 2012, but Kaplan fused the wrong ones.

Wyett says she complained of continued back pain after the operation, but Kaplan told her the X-rays "looked good."

Kaplan's notes from a May 8, 2013, appointment indicate "X-rays of the lumbar spine look good," according to the complaint.

Suffering from continued back and hip pain, Wyett says, she saw (nonparty) Dr. Mark Kabins in June and learned Kaplan had performed the anterior and posterior fusion surgery and diskectomy on her L5-L6 vertebrae instead of the intended L4-L5 vertebrae.

Wyett claims that despite her complaints of ongoing pain and subsequent X-rays, Kaplan failed to recognize his error of "inserting posterior hardware" and performing a diskectomy on the L5-L6 vertebrae instead of the L4-L5.

Wyett underwent spinal surgery performed at Spring Valley Hospital Medical Center on July 16, 2013, to correct the error.

She seeks damages for medical malpractice and breach of contract.

She is represented by William R. Benske.

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