References and Abstracts

1. Unique Identifier 21084005
Author Kaufman HH
Institution Department of Neurosurgery, West Virginia University School of Medicine, Morgantown, WV 26506, USA
Title The expert witness. Neither Frye nor Daubert solved the problem: what can be done?
Source Sci Justice Jan. 2001 41(1) p7-20

Flawed expert scientific testimony has compromised truth finding in American litigation, including in medical malpractice and in product liability cases. The Federal Rules of Evidence and the Supreme Court in Daubert and other cases have established standards for testimony that include reliability and relevance, and established judges as gatekeepers. However, because of lack of understanding of scientific issues, judges have problems with this role, and juries have difficulties with scientific evidence. Professionals and the judiciary have made some advances, but a better system involving the court's use of neutral experts and a mechanism to hold experts accountable for improprieties is needed

2. Unique Identifier 97374117
Author Snyder JW
Institution Jefferson Medical College, Thomas Jefferson University, Philadelphia, PA, USA
Title Silicone breast implants. Can emerging medical, legal, and scientific concepts be reconciled?
Source J Leg Med June 1997 18(2) p133-220

3. Unique Identifier 99162931
Author Gorney M
Title The wheel of misfortune. Genesis of malpractice claims
Source Clinics in Plastic Surgery 26(1) p15-19

Unlike other surgical specialists, plastic surgeons attending patients who seek aesthetic improvement are not trying to make sick patients well, but rather well patients better. This not only places a much heavier burden of responsibility on the operating surgeons, but also subjects them to a much broader range of a patient's reasons for unhappiness. This article examines various fields of plastic surgery in terms of liability and offers advice on how best to reduce the frequency of such medical liability claims

4. Unique Identifier 99162951
Author Gorney M
Title Plastic surgery pitfalls
Source Clinics in Plastic Surgery 26(1) p149-159

As a founding member of the physician-owned insurance carrier The Doctors' Company, the author has reviewed many plastic surgery policy claims. In this article, he presents an overview of the plastic surgery procedures that produce the most severe losses. He then offers suggestions on how to proceed with these "medical malpractice favorites." The author discusses potential antitrust traps and legal recourse for plastic surgeons

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