The following disciplinary actions have been taken against members of the American Association of Neurological Surgeons (AANS) for unprofessional conduct while serving as an expert witness in medical malpractice lawsuits.
One Year Suspension – The Board voted to suspend the membership of VanBuren R. Lemons, MD, FAANS of Sacramento, California for a period of one year for violating Sections A.1, A.2, A.3 and A.4 of the AANS Rules for Neurosurgical Medical/Legal Expert Opinions Services and, consequently, Section F(2) of the AANS Code of Ethics. The violations stem from Dr. Lemons’ expert testimony in a medical malpractice lawsuit that the decision to extubate a patient with head trauma on the third day after injury violated the standard of care, and that all the subsequent difficulty with ICP control, the ultimate need for surgery, and any resulting neurological deficit was solely or primarily the result of extubation. The Board agreed with the Professional Conduct Committee that the treatment of the patient, including the extubation decision, fell within the range of the standard of care. Consequently, the Board agreed that Dr. Lemons demonstrated improper advocacy, excluded valid alternative viewpoints, did not identify personal opinions that varied from generally accepted neurosurgical practice, and failed to acknowledge that the standard of care includes a range of options, including the choice of extubation and treatment of the ICP. Dr. Lemons did not pursue an appeal to the general membership.
