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Tables of Contents for Medical Malpractice and the American Jury
Chapter/Section Title
Page #
Page Count
Preface
ix
2
Acknowledgments
xi
1. The Debate and the Evidence
3
46
1. Are Medical Malpractice Juries Engaged in Malpractice?
3
8
2. Proplaintiff Bias, Rising Win Rates, and Deep Pockets: Some Major Problems with the Critics' Evidence
11
12
3. A Profile of Jury Verdicts in North Carolina
23
14
4. How Typical Is North Carolina? Data from Elsewhere in America
37
12
2. Case Selection and Its Importance in Understanding Jury Outcomes
49
46
5. The Cases That Went to Trial (with Laura Donnelly)
49
10
6. Case Studies of Settlement Failure
59
10
7. The Litigation Process: Putting the Case Studies into Context
69
14
8. Hypotheses on Case Selection and Their Meaning in Understanding Jury Verdicts
83
12
3. Liability
95
90
9. Malpractice: Behind a $26-Million Award to a Boy Injured in Surgery (by Steve Cohen)
95
16
10. Postscript to Melis v. Kutin
111
10
11. An Introduction to the Liability Controversy
121
6
12. Are Trials Always Technically Complicated? Three Case Studies
127
18
13. Complicated Trials: Some Case Studies
145
16
14. Jury Performance Compared: Doctor Judgments of Negligence and Other Criteria
161
14
15. A Summary Perspective on Liability Decisions
175
10
4. Damages
185
80
16. A Prologue to Damages
185
6
17. Spiraling Awards, "Deep Pockets," and Jury Sympathy: The Claims and the Evidence
191
12
18. Two Tests of the "Deep Pockets" Hypothesis
203
18
19. Jurors versus Legal Professionals: Two Studies (with Jeffrey Rice and David Landau)
221
16
20. Voices from the Jury Room
237
12
21. Economic Loss and Punitive Awards
249
10
22. A Summary Perspective on Damage Awards
259
6
5. Conclusion
265
14
23. Diagnosis of Misdiagnosis: The Tort Reform Debate--A Concluding Essay
265
14
Notes
279
24
References
303
12
Index
315