The Legal Ramifications of Spinal Care Medical Malpractice and Its Implications for Spinal Surgery

A brief review of the conflicting desires of a medical profession's desire to be relieved of the burden of malpractice litigation in the context of the constitutional framework of the American legal systems has been conducted. The limits of restricting the rights of the citizen are addressed. The aim of this review is to provide a primer on the realities relating to the constitutional rights of the American citizen and the constructive purpose that litigation is believed to provide society. A review of available case law and learned treaties was undertaken to provide an insight into the workings of the legal system pertaining to issues of most interest to the spine community. The current legal system walks the fine line between protecting the public and their constitutional rights and ensuring that the delivery of medical care is not unduly impacted. It is the author's opinion that each specialty can positively affect the decisions of the courts by providing firm guidance as to what is and is not the “standard of care,” thus preventing fallacious expert testimony from reaching the jury.