Malpractice lawsuits have commonly accused surgeons of drug or alcohol impairment. In a Texas case currently awaiting trial, however, a patient is alleging that a Dallas orthopedic surgeon's carpal tunnel syndrome impaired his hands and his work, a claim that a state appeals panel has ruled could be admissible as evidence.

John H. Peloza, MD, performed spine surgery on Bright Star Cuevas 3 times, but she claimed her back pain only got worse. Ms. Cuevas, a nurse, sued Dr. Peloza, alleging he mis-positioned by several millimeters a bone plug spacer in her spine. Dr. Peloza disputed the allegation, adding that it should not have presented a significant problem.

After filing her lawsuit, Ms. Cuevas heard that Dr. Peloza suffered from carpal tunnel syndrome in his dominant hand. She claimed she confronted him about this and he confirmed it, noting that it sometimes made his thumb go numb. Ms. Cuevas amended her lawsuit, citing the condition as a cause of the imprecisely positioned implant. She also charged that he neglected to disclose this condition during pre-surgical informed consent notifications.

In a response to the lawsuit, Dr. Peloza denied admitting he had carpal tunnel syndrome. Even if he did, he argued, the condition would be irrelevant to the case, which should focus on clinical conduct, not physical capabilities and personal affairs. In addition, he requested the dismissal of the informed consent claim on grounds that it was a separate charge requiring separate expert testimony, which Ms. Cuevas had not obtained.

The trial court refused to throw out the carpal tunnel charge, ruling that it could be relevant to the malpractice case. This allows Ms. Cuevas to demand information from Dr. Peloza on his alleged condition in order to determine whether it existed at the time of surgery and how it might have affected the outcome.

While Dr. Peloza appealed this ruling, the appeals court upheld the lower court's decision. The panel did, however, dismiss the informed consent charge.

David M. Walsh IV, an attorney for Dr. Peloza, and Stephen M. Briley, an attorney for Ms. Cuevas, declined to comment.

Leigh Page