Litigating TMJ Cases.

Edited by Clark Cone and Michael J. McHale. John Wiley & Sons, Inc., 605 Third Ave., New York, NY 10158. 334 pp., $105.

Litigating TMJ Cases is a collection of articles on the basics of a personal injury tort case that uses temporomandibular joint (TMJ) dysfunction as a theme. It is not a definitive work on TMJ trials, as the title suggests.

The preface states, "Though neither a legal treatise nor an extensive text, this book is designed to take you step-by-step through the construction, organization, and presentation of a TMJ claim." Indeed, the coverage is not extensive. Fifty percent of the book consists of forms, and there are limited cites to cases and other authorities.

At best, the book is a primer for the novice or intermediate personal injury trial advocate. The articles discuss topics like the initial client interview, case evaluation, and the selection of expert witnesses. The book also includes a summary of trial preparation.

To be a definitive work on temporomandibular joint dysfunction, the book should have included a discussion of the kinds of accidents that often cause TMJ injuries and how to handle a case arising from them. In addition to vehicular accidents, there are many causes of TMJ injuries, and they are often overlooked by doctors and lawyers. Examples are slip and fall accidents, assaults, improper dental procedures, intubation errors, and virtually any traumatic event injuring the craniomandibular complex or hyperextending the mandible.

Instead of including a comprehensive discussion of the situations in which TMJ injuries arise and the trial strategies needed to prove liability and damages in each, the authors provide a sketchy overview that offers little more than brief conclusions. A how-to book should offer specific practical information. Because this book does not, its title is misleading.

The book does include helpful information on "pleading, proving, and persuading a trier of fact," as its preface promises. However, it does not offer any instruction on conducting a comprehensive cross-examination of an opposing party's medical or dental expert--the kind of nuts-and-bolts information the practitioner needs.

A flyer promoting the book says that readers will find "mind-grabbing opening statements." The chapter on opening statements, written by both editors, is only eight pages long. And there are just a few comments specifically related to TMJ cases--the balance consists of generalities. There are numerous excerpts from good opening statements in TMJ cases that the editors could have used as examples.

I would recommend this book to the lawyer who is new to litigation involving temporomandibular joint injuries and who wants to develop this aspect of personal injury practice. The book is a good source for learning how to establish the elements of damages in personal injury litigation and as a source for primary pleadings and forms. In addition, there are concise definitions and explanations of the temporomandibular joint.

I would not recommend the book to those who have already tried a TMJ case or who have successfully handled a complex personal injury trial.

Robert Gittleman is a partner with Gittleman, Paskel, Tashman & Blumberg in Southfield, Michigan.