Case 2 is interesting. I'd argue that having the scan available can be helpful but it's not going to tell you where you are in the nose (image guidance excepted of course).
Agree, but here's how the questioning goes in court:
Lawyer: Did you have the films in the OR?
MD: No. I reviewed them in my office prior to surgery and felt comfortable with the anatomy and felt they weren't necessary for this case. If I became uncomfortable, I could easily have office staff bring them to the OR for my review. And in this case, I didn't feel uncomfortable with the anatomy or progression of the surgery.
Lawyer: If the films were available for you to review, and understanding that the pt had an asymmetrical Keros classification, is there a chance that reviewing them in the OR may have helped prevent a CSF leak?
MD: Like I said, I don't think it would have helped in this particular case.
Lawyer: But, is there a chance it could have.
MD: Sure, there's always a chance, but in this. . .
Lawyer: Thank you, doctor, no further questions
I always look at the scan before any sinus case to get an idea of the contours of the skull base and lamina as well as any other distinctive anatomy but I'd say it would be rare that I'd need to look at the scan repeatedly during the case. It does sound like the defendant screwed himself by deciding not to do the posterior ethmoids. Was this an older surgeon?
Surgeon was in his early 40's. Had over 450 ethmoidectomies under his belt since residency. Personally, I know he's never had another CSF leak, but this was not discoverable in the trial. He didn't screw himself by not doing the post ethmoids in this case. He screwed himself because he didn't have films. Had he had them present, the CSF leak would have been just one of those things that happens. They couldn't blame surgical misadventure because the films would have allowed him to defend his understanding of the pt's anatomy.
I wonder when someone is going to lose a lawsuit because they didn't use image guidance for a routine sinus case. I'm sure it's coming if it hasn't already...
Richard Orlandi gives a talk almost yearly on whether IGS is the standard of care in FESS. Right now, it's not considered the standard of care even for revision FESS, but that will likely change in the next 2-5 years especially as ACO's are developed. On the other hand, those who opine on this stuff don't think it will ever be the standard of care for a virgin FESS that has no signs of bony landmark destruction on standard CT. Ultimately, it may when landmarks are not well-defined on the typical CT, but this is controversial and there is not much literature on it yet.