Comment & Controversy

Standard of care is defined nationally in a majority of cases

“STUFF OF NIGHTMARES: CRIMINAL PROSECUTION FOR MALPRACTICE” BY GARY STEINMAN, MD, PHD (AUGUST)

The standard of care is defined locally in only a small and declining number of jurisdictions. The national standard is the most common “bright line” used to judge negligence. Furthermore, the variability in the number of malpractice cases initiated against the medical profession is clearly not related to the level at which the standard is set, but by other factors—most notably, the number of lawyers per capita and the presence (or absence) of caps for pain and suffering.