What three year old needs four root canals? Dentist should be charged with murder.

[PCIntern]

25. As someone who has no fewer than 200 expert testimonies and depositions under

his belt, I may say that you are wrong in this regard. The initial assumption of most people is that the professional made mistakes. The defense must first convince the jurors or the judge that if mistakes were made they were not at the level of malpractice, which is more complex than it sounds, and then that the outcome was not a result solely of the errors of judgement, diagnosis, or treatment. There is such an entity as Bad Result which does not rise to the level of malpractice. I have watched the faces of jurors for years and the manner in which they observe the proceedings and there is almost always a look of surprise when the defense posits a rationale for the circumstance. Parenthetically, that is why many many cases settle before trial: not because the defense doesn't have a wonderful case, but if the attorney feels that certain items are prejudicial against the doctor, then it is best to take the losses a priori rather than face a catastrophe. I have been party to such cases and was most upset, as a defense witness, that the settlement occurred, since the charge in many cases was specious to say the least, but I understood intellectually the need to pay and move on. Also parenthetically, I have ben a plaintiff's witness so I am immune fromthe charge of 'paid shill'.