The Supreme Court in Connecticut ordered a new trial in a medical malpractice case because Dr. Todd Albert, an orthopedic surgeon and expert surgical witness, told the jury that suits of this kind drive up health care costs by forcing doctors to practice defensive medicine.  Albert testified that the boy’s surgeon complied with accepted medical standards.  Furthermore, Albert stated that malpractice suits are the reason that many doctors in Connecticut cannot receive malpractice insurance.  This decision allows a boy and his mother another change to argue before a jury their case.

The boy was forced to endure repeated spinal surgeries and may have future back problems because his surgeon failed to obtain timely X-ray photos prior to his operation to remove a benign, spinal tumor.  Additionally, the surgeon burst the tumor during surgery, causing the growth to seed itself elsewhere that could have created debilitating spinal pressure.  He had to undergo two corrective operations and his back is now enforced with metal rods.  This surgery occurred in 2001 when the boy was 11.