Quote:
Originally Posted by KSigkid
Wouldn't it be standard of care for the type of medicine, not necessarily for the type of facility? We talked about this quite a bit in class, about the standard of care being somewhat fixed. That may be more CT tort law though, so I could be wrong.
|
Torts was so long ago
Whatever the standard of care is will usually be defined by whatever your local legislature, in its wisdom has decided that it is. I'm pretty sure you're right -- the locality rule wouldn't really talk about the type of facility, just the type of medicine. Still though, the standard of care in an overloaded emergency hospital in the worst part of town under the locality rule would be different than say the Yale-New Haven Hospital unless you were one of those national standard folks.
Then, the standard would still have to be established by expert testimony.
Threaded Mode
