Malpractice suits are difficult to win in the Pacific Northwest precisely because the mistakes have to be well below the standard of (local) care. There's just no way under that bar, as evidenced by this case. The surgeon used a product that was specifically prohibited for that use because of prior deaths. Somehow that's not below the standard of care in the PNW. I have to ask, just what does a physician have to do to be guilty of malpractice here?