call today for your free evaluation
call today for your free evaluation
Posted on August 18, 2026 written by Jane Paulson
A recommendation for back surgery can feel urgent when pain is hard to bear. Yet not every surgery a doctor suggests is truly needed, and an unnecessary spinal surgery can leave a patient with new problems instead of relief. At Paulson Coletti Trial Attorneys, we work with Portland, Oregon, patients who later learn surgery never should have been recommended, and a Portland medical malpractice lawyer from our team can help.
This concern is bigger than many patients realize. Nationwide, unnecessary spinal fusions cost close to two billion dollars each year, and since most back pain improves with simple, non-surgical care, seeking a second opinion before a major procedure like spinal fusion is strongly advised. Ignoring that advice can cause harm beyond bad luck.
Contact Our Portland Birth Injury Lawyer
Not all back pain calls for surgery, and knowing the difference is at the heart of an unnecessary spinal surgery claim. Spinal fusion and similar procedures are usually appropriate for patients with clear signs of a pinched nerve, an unstable spine, or a serious injury. For patients whose pain mainly comes from normal aging, surgery is far less likely to help.
According to a study published in the Journal of the American Academy of Orthopedic Surgeons, spine surgery is one of the areas of medicine most linked to unnecessary care, especially when a patient’s scans do not clearly match their symptoms. When a surgeon proceeds despite that mismatch, it may indicate a failure to meet the standard of care.
Certain warning signs tend to appear when spinal surgery is suggested before it is truly needed. Patients and families should watch for signs such as:
Noticing these red flags early may help a patient get a second opinion before an unnecessary spinal surgery or help build a case afterward.
Understand birth injury causes: Read How Do Spinal Cord Injuries Occur at Birth? to learn how delivery traction, forceps, or breech complications cause neonatal nerve damage.
The physical toll of a needless surgery can be serious. Spinal fusion carries real risk even when it is the right choice, and that risk is harder to justify when the surgery should not have happened at all. According to the Lown Institute’s review of Medicare records, problems from spinal fusion happen in a large share of cases and can include infection, blood clots, and other serious health issues.
Patients who undergo surgery they did not need may face a longer recovery, more procedures to fix new problems, and extra costs for care that did not help. The emotional toll can be just as hard, especially when patients realize simpler care might have solved the problem on its own.
Doctors routinely explain that any spinal surgery carries a chance of a poor or incomplete result, sometimes called failed back surgery syndrome. That warning does not excuse every bad outcome. When ongoing pain follows a surgery that lacked clear medical justification, the outcome may point to negligence rather than an accepted risk.
Telling the two apart requires careful review of the original diagnosis, the scans on file, and whether the doctor’s written reasoning supported the chosen surgery. A poor result after a properly recommended surgery differs from harm caused by a surgery that should never have happened.
Building a case around an unnecessary spinal surgery depends on a close look at the medical record. Scans taken before surgery, doctor’s notes, and proof of any prior simpler treatment all help show whether surgery was justified.
A review by another qualified surgeon is often necessary to determine whether a careful physician, looking at the same scans and symptoms, would have recommended the same surgery. Consent paperwork also matters, since it shows whether the patient was given an honest picture of other options and risks. Every piece of documentation helps make clear whether the recommendation reflected sound medical judgment or fell short of it.
Protect your patient rights: Read How to Prove Medical Malpractice in Portland to learn how establishing a breached standard of care, securing expert testimony, and meeting Oregon’s deadline build a strong claim.
Oregon law shapes both the standard doctors must meet and the time a patient has to take action. Physicians practicing in Oregon must meet the level of care a careful, skilled surgeon would provide in similar circumstances, and falling short of that level can support a malpractice claim when it causes harm.
Under ORS 12.110, a claim for injury from medical or surgical treatment generally must be filed within two years of when the injury was discovered, or within five years of the treatment itself, whichever comes first. Because these deadlines can pass quickly, talking with an attorney soon after learning that a surgery may have been unnecessary is important.
Learning that a surgery may never have been necessary is hard, especially when recovery has already been long and painful. Paulson Coletti Trial Attorneys works with patients throughout Portland, Oregon, to review what happened and pursue accountability when a surgery did not meet accepted medical standards.
If you suspect an unnecessary spinal surgery affected your health, do not wait to get answers. Call (503) 226-6361 today to discuss your case with our team.
At Paulson Coletti, a local firm based in Oregon, justice is our mission. As experienced trial attorneys, we fight for injury victims across Oregon and Washington, holding negligent parties accountable. With a proven track record in and out of the courtroom, we are dedicated to securing fair compensation for our clients. We take a client-centered approach, focusing on cases we believe in and delivering results that matter. No fees unless we win-because justice should never come with financial risk.
Paulson Coletti
Trial Attorneys PC
This page has been written, edited, and fact-checked by our team of legal writers in accordance with our editorial guidelines. It has been approved by partners Jane Paulson and John Coletti—respected trial attorneys with decades of experience representing personal injury victims.
Key Takeaways Studies estimate lung cancer is initially misdiagnosed in roughly 7% to 23% of cases. Early symptoms often resemble asthma, bronchitis, or other...
Key Takeaways Pediatric malpractice happens when a provider fails to meet the standard of care for a child. Diagnostic delays, medication mistakes, and surgical...
Key Takeaways Diabetes can be missed on blood tests, especially early or when test accuracy is affected. Diabetes diagnosis commonly uses A1C, fasting glucose,...
(503) 226-6361 