the evolution of the standard of care in malpractice has included and expansion of the old “….”
Locality rule
under a _____, a doctor was liable only if he failed to meet standards practiced by doctors in their community.
locality rule
the “____” locality allows the plaintiff to have an expert from outside the community testify.
same or similar
Locality rule has been replaced in most states by a “____” test
same or similar locality test
doctors from all areas face a standard of care which tend to rise to the level of “____”.
cosmopolitan
Duty Altered by “____”:
– held to a degree of skill and learning as generally measured by the skill and learning by other doctors in good standing practicing in the same specialty and hold the same national board certification
specialization
Duty Altered by “____”:
– certain advertising claims may increase the level of skill which a doctor will be expected to employ
advertising
Duty Altered by “____”:
– implied guarantee of a cure or a warranty that after the course of treatment the patient will be well.
implied contract
charging a predetermined amount for a specified course of treatment, often with a discount for advanced payment has caused many problems
case fees
Duty Altered by “____”:
– a physician who improperly fails to refer a patient to a specialist can be held to the standard of care applicable to the specialist to who the referral should have been made
failure to refer
Duty Altered by “____”:
– duty to discontinue treatment when a reasonable chiropractor should be aware that the patient’s condition will not be responsive to further chiropractic care
court oppinion
In a negligence action the test of the adequacy of care is usually expressed by comparison w/ that level of skill practiced by “________” member or that particular profession.
Reasonably careful and prudent
Typically a member of a school of practice other than the defendant’s is generally not competent to testify as an expert in a malpractice case. Except when….
Methods fo treatment diagnosis overlap
- despite the differences in nomenclature of the schools involved
Does the plaintiff need to produce an expert witness if it is a case of res ipsa loquitur?
No
When new advances in technology and equipment are developed and taught in colleges, continued non-use in the field is arguably a violation of the “______”
New standard of care
Standard of care is altered by “____”
Specialization
True or False:
- a specialist may lose whatever benefits are available under the states locality rule
True
True or False:
- courts have ruled that a board certified doctor in the same specialty as the defendant is competent to testify as to standards w/in that specialty w/out reference to the defendant’s particular locality
True
True or False:
- diplomats will be held to a more rigorous standard by which their professionals acts will be judged
True
Can legal standards of care by altered by advertising?
Yes
True of False:
- claims of superiority such as a doctor that advertises that they “specialize in chronic and difficult cases” may compound there problems if sued.
True
True or False:
- a doctor may be evaluated by practitioners who by training and/experience have established themselves as better able to treat “hot cases” than is the “average” doctor
Ture
Failing to conform to the required level of care
Negligence