Malpractice Litigation in Spinal Surgery: Lessons From Real-World Cases and Recommendations for Risk Reduction

Malpractice litigation is a persistent challenge in spinal surgery, with a significant number of claims involving procedural errors, inadequate informed consent, and wrong-level surgeries. These cases often have serious implications for both patient care and the careers of surgeons. This study combines a review of the literature with the analysis of 4 real-world cases to identify patterns and offer practical recommendations to reduce legal risks. The author (S.R.) served as an expert witness in all 4 cases, providing a unique perspective on the legal, clinical, and professional elements involved in each situation. The key findings highlight the importance of thorough preoperative planning, the use of advanced imaging techniques during surgery, and consistent postoperative follow-up to detect and address complications early. Transparent communication with patients, especially when complications occur, is critical for maintaining trust and avoiding legal disputes. In addition, avoiding blame-shifting among surgeons is essential to uphold professional integrity and patient safety. By addressing these factors and fostering a culture of transparency and accountability, surgeons can improve patient outcomes and minimize exposure to litigation. This study provides practical strategies to help spinal surgeons navigate legal challenges effectively and maintain a focus on high-quality patient care.