The Operative Facts
Once the trial date was set, the Hopkins team set about, motion by motion, to dismantle Pam’s case. The fact that it was, in effect, ghost surgery and that Richard Wu did the job instead of Hugh Calkins was dismissed as a cause of action. By the time the trial started only one count against Hopkins was left standing, which was this:
“ … that Dr. Calkins did not inform Plaintiff that he (Dr. Calkins) did not know the safety and efficacy of the procedure, that he believed the procedure to be experimental… The operative facts required to prove the original claim involve what Dr. Calkins knew as of March 25, 2002, about the safety and efficacy of the procedure and Dr. Calkins’ competency and skill level to perform the procedure on that date.”
Which was OK with me, seeing as how there was plenty of proof that Hugh Calkins did not know whether the procedure was safe or effective, that he did indeed consider it to be experimental, and that he considered it to be very technically challenging to him – and that he failed to inform my wife of these facts.
Collateral Damage: A Patient, a New Procedure and the Learning Curve 