Malpractice?

What is the name of your state? Florida
My friend has had back problems for years. In May he had "foot drop" which is basically paralysis. He was admitted to the hospital and they did several test. The results were that his back in much worse he has severe chronic degenerative disc disease, spinal stenosis with radiculopathy etc.. The surgeon at the hospital said he did not need surgery. When he went to his regular doctor last week he said if he does not get surgery very soon his paralysis will continue to get worse. He found out that his insurance pays less than most for the surgery his doctor says he needs. My question is if the surgeon does not want to do the surgery (that is needed) because he'll get paid less is that malpractice?

How would he prove that's the reason?

(And, no, you couldn't call it Malpractice, because he chose not to do ANYTHING). The world of medicine is a world of differering opinions, and each doctor decides to do or NOT do a procedure based on what their perceived outcome is, the risks to the patient involved, etc. If this certain surgeon said surgery isn't needed, it was based on his professional opinion. Your friend needing surgery needs to get a second, or third...so have his primary doctor recommend another specialist.

Thank you I should add that a previous surgeon also felt he needed surgery (in 02) but quit taking his insurance before it could be done. He is in a HMO and is VERY limited for specialist). So when the surgeon said he did not need it he felt that hey he is the Doctor he should know. He has since exhusted all other treatments physcial therapy, drug therapy, injections, etc.. because this has gone on so long (the episode in May really showed him how bad it was getting). Now he can no longer work and can barely sleep or function, still this Dr. says he does not need surgery. Also from what I can find spinal fusion seems to be the "standard of care" even before the amount of damage that his test show. What can he do?

He can get another opinion, but even though a surgeon said 2 years ago that surgery was an option, but didn't because of a change in insurance, in 2 years time his condition which you describe could have or did, worsen, possibly making surgery no longer an option. In the case of his GP, they defer to the surgeon. Here is the catch, spinal fussion to which you refer is the end result of degenerative disc disease, surgery hastens the process. In the field of orthopedics they are making many advances, having unnecessary sugery now might preclude more effective treatment at a later time or yeild little or no relief. There may be positive lifestyle changes to improve the quality of life and many treatments may still have some effectiveness. Relaxiation, breathing and specialized exercises including aquasize in a warm covered pool may work wonders. The arthritis society provides many programs for people with mobility impairments. Having a positive attitude and support groups often help where medical treatments leaves off.