Sam called his next witness, Dr. Jack Hassler to the stand. He was qualified as an expert in medical statistical processes. He described the process Laura used and showed it could have only two causes, false positives or bad care at Mercy. He praised Laura for her astute work, worthy of someone who was expert in the field. Sam asked if there was any way to determine that there were only two possibilities.

“We took the records of all bone biopsies and evaluated them. Mercy had one third less positives and almost exactly the same percentage more benigns. The other percentages were essentially equal. Then we did a follow-up on the Mercy negatives. We were able to locate all but two of them. All are alive but one who died in a motorcycle accident three years after the test. None have any indication of malignancy. If Mercy was showing false negatives, patients would be dying.”

“So you think the tests are being done wrong?”

“Yes. I’m not a doctor. I can’t tell you what is being done wrong but I can tell you there is a problem.”

“Your witness.”

“Dr. Hassler, are you telling us with absolute certainty that none of the plaintiffs needed amputations?”

“No.”

“No?”

“No.”

“Well, which ones didn’t need an amputation?”

“I don’t know.”

“Well, then tell me, how many do you claim didn’t need an amputation?”

“Well, statistically out of the one hundred thirty, fifty would be necessary.”

“Which fifty?”

“I don’t know.”

“So you have no idea which ones were unnecessary?”

“That is true.”

“Then how can you be sure there are fifty?”

“It’s a statistical calculation.” He went on to explain the calculations.

“So then you are just as sure that there could be fifty one of them who did need the amputation?”

“Yes. Of course it could be fifty one or fifty.”

“So could it also be fifty two?”

“Yes.”

“Or maybe sixty?”

“Nearly impossible.”

“But not totally impossible?”

“No.”

“And what about sixty five. Impossible?”

“No. But.”

The attorney cut him off. “Thank you doctor. No more questions.”

Sam was up. “Redirect.”

“Go ahead Mr. Stitt.”

“Dr. You estimate the number of unnecessary surgeries at eighty possibly as many as eighty four. What is the probability the number of unnecessary surgeries is less than let’s say, seventy.”

“One in a little over seventy million.”

“Doctor, I’m just a small town lawyer. I had to repeat math in college. That is a number I don’t understand. Can you give me something easier to relate to?”