Court-Visited Surgical Errors: A Guide to Forensic Testimony

Law is neither panacea nor justice. An element of calculation, it answers the "how" question, whereas justice answers the "why" question. Law is anything but simple. It is a piecemeal doctrinal construction, each part more readily explained by the circumstances of its addition than by its relation to a coherent whole. An up to date analysis of the court-visited 36 cases, this monograph depicts the challenges, and outcomes of surgical negligence claims in the States, by covering a range of malpractice determinants: plaintiff's reasonableness, surgeon's state of mind, res ipsa loquitur, strict liability, qualifications of the witness-expert, plain-error doctrine, but-for rule and proximate causation, patent law and infringement, defamation, conspiracy, fraud, taxation of the awards, and the dicta.