OUR LIABILITY PREDICAMENT. THE PRACTICAL AND PSYCHOLOGICAL FLAWS OF THE AMERICAN TORT SYSTEM. J. T. H. Johnson. Lanham, Maryland, University Press of America, 1997. $29.50, 230 pp.

Abstract

Reviewed by Steven A. Silver, M.D., Orthopedic Surgery and Sports Medicine, Pittsfield, Massachusetts The stated purpose of this book is to answer “a real need for a simple overview of the whole tort system, written in lay terms.” That need has been met in an exemplary fashion in this eminently readable volume. Although Johnson is an orthopaedist, the book is intended not for the orthopaedist or even the physician but rather for the layperson seeking more knowledge about torts. The basic precepts and underpinnings of torts are presented in order to provide a foundation for the rest of the book. Johnson describes the legal evolution of the concept of tort, defines and analyzes its merits and flaws, and identifies the fundamental principles of the tort system. Analyses of specific issues, such as medical malpractice, product liability, and automobile-accident cases, are used to illustrate specific societal dilemmas. Contrasting views about the tort system are given a fair hearing. The book is not about medical malpractice per se; thus, it should not be relied on …