THE SURGICAL LITIGATION CRISIS:
Medical Practice and Legal Reform

Author: Smith, Joseph Wayne
Year:2010
Pages:168
ISBN:0-7734-1407-X
978-0-7734-1407-5
Price:159.95
The authors bring together a new legal and medical analysis of history and developments in the area of malpractice litigation. The book provides a valuable resource for doctors, lawyers and patients/consumers, especially in terms of its in-depth examination of the components of the surgical litigation crisis and legal reform.

Reviews


“. . . provides a sound basis from which urgent, current problems can be addressed and much better solutions can be debated and planned.”

– Prof. Bruce Hugman
Uppsala Monitoring Centre


“. . . makes a seminal contribution to an increasingly controversial area of law.”

– Dr. Paul Babie
University of Adelaide

Table of Contents


Foreword
by Hon. Geoffrey Davies AO
Preface
Acknowledgments

Chapter 1
The Nature of the Surgical Litigation Crisis
Introduction: Statement of the Argument
Is There a Surgical Litigation Crisis?
Causes and Controversies

Chapter 2
The Importance of Risk Management and Improved Surgeon-Patient Relationships
Medical Error Elimination and Risk Management Strategies
When Errors Occur

Chapter 3
Taming Torts: Legal Reform and the No-Fault System
The Limits of Torts: Medical Error and the No-Fault System

Chapter 4
Other Legal Reforms: Beyond the Adversarial System
Junk Science, “Hired-Gun” Experts, Evidence-Based Medicine and Evidence-Based Law
A More Rational Health Court System?
Beyond the Adversarial System

Chapter 5
Conclusion:
“Muddling Through”: The Limits of Law

Afterword by Dr Paul Babie
Notes
Bibliography
Index