Last month, a neurosurgeon from Texas was convicted of harming an elderly patient in his operating room. Dr. Christopher Duntsch was indicted on five counts of aggravated assault with a deadly weapon and one count of harming an elderly person, however the prosecution decided to only try the latter. The patient, 74-year-old Mary Efurd, was supposed to be undergoing a routine fusion of two vertabrae, but instead suffered severe pain from fusion hardware being misplaced in her soft muscle causing nerve damage. So how did this become a criminal case instead of a medical malpractice claim? Because Dr. Duntsch had done this before and he knew that his outcomes were so poor that Ms. Efurd was likely to wind up injured under his care.