Operating within the law: A practice guide for surgeons and lawyers

Abstract

Operating within the law: A practice guide for surgeons and lawyers Bruce Campbell, Ken Callum, Nicholas A. Peacock; Wiltshire, United Kingdom; 2001; TFM Publishers; 254 pages; $229.00. Operating Within The Law is an interesting overview of the present status of medical malpractice litigation in Great Britain. In the first four chapters, the authors introduce the reader to the socioeconomic impact of medical malpractice litigation. The authors then proceed through the next four chapters to discuss the anatomy of a lawsuit. The procedure of how a suit is filed, discovery, and court procedures are clearly and concisely outlined. Unfortunately, this section is very “system” specific, and although interesting when compared with the United States legal “system,” it does not provide much practical information for the surgeon practicing in the United States. The next six chapters examine the concept of risk management. Issues such as informed consent are also reviewed. Although these topics are generic to Great Britain and the United States, these chapters also suffer from the fact that they contain primarily system-specific information. The remaining parts of the book, entitled “Resolving Complaints Out Of Court,” “The Surgeon as Defendant,” “The Surgeon as Expert,” and “GMC and the Coroner,” while providing a nice overview of the present system in Great Britain, do not offer much practical information for the surgeon practicing in the United States. The chapters are short, concise, and well organized. In addition, at the conclusion of each chapter is a list of additional references for the reader to review. As an attorney, I found the book particularly interesting. It provided me with insight into the British legal system, which I found to be quite similar to the American system with some very distinct differences. Specifically, in Great Britain, a claimant who wins less money at trial than the amount of money given to the court before trial (essentially a settlement offer paid in advance), is responsible for all the defendant's costs from the date that the settlement offer was made. Similarly, a defendant who loses more money at the time of trial than he offered before trial will be responsible for punitive interest on the damages from the date the settlement was offered. Clearly, these mechanisms help to prevent the filing of frivolous suits while at the same time encouraging equitable settlement of legitimate claims. I found this book to be well organized and very interesting from a legal standpoint. Its major shortcoming is that much of the information in the book is not applicable for the surgeon practicing in the United States. At the price of $229, I would recommend it only to those with an interest in comparing the status of medical malpractice litigation in Great Britain and the United States. Correction In: Book Review of “Operating within the law: A practice guide for surgeons and lawyers” (Brown OW. J Vasc Surg 2002;35:1308). This book review contains two errors. The location of the publisher should be Shropshire, UK, rather than Wiltshire, UK. The price of the book should be $39.95 rather than $229.