Law is neither panacea nor justice. An element of calculation, law answers to the "how" question, whereas justice answers to 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 theory, adjudications, and the future of the surgical negligence claims in the United States, by covering a range of determinants of surgical malpractice, including 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, evindentiary rules, patent infringement, defamation, fraud, taxation of the monetary awards, and the dicta.