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Presents in-depth analysis of the legal theory and practice in torts of surgical negligence.
Law is neither panacea nor it is justice. An element of calculation, law answers to "how" question, whereas justice answers to "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 the surgical negligence claims in the States, by covering a range of malpractice determinants, such as the plaintiff's reasonableness, surgeon's state of mind, res ipsa loquitur, inter alia, qualifications of the witness-expert, plain-error doctrine, but-for rule and proximate causation, patent law and infringement, defamation, fraud, taxation of the awards, and the dicta.