Strategies for litigation avoidance in spine surgery

Abstract

Medicolegal cases frequently arise within the realm of orthopaedic and neurological surgery, with a notable presence within the field of spine surgery. Despite new protocols and technological advancements created for the purpose of minimizing the risk of litigation, the rate of medicolegal cases still remains high in the United States. Understanding the basis of malpractice claims offers insight into strategies for surgeons to avoid litigation. Surgeons should emphasize these strategies in the perioperative care setting as this period represents the largest percentage of malpractice claims. Cases that directly involve surgical management, while less frequent, do tend to result in larger indemnity payments.