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- Title
MODERNIZING THE MEDICAL MALPRACTICE STANDARD OF CARE.
- Authors
Peters Jr., Philip G.
- Abstract
The article explores the proposed modernization of the medical malpractice standard of care, which is currently based on customary practices of physicians. It argues that many states have already shifted towards a standard that considers conduct regarded as competent by medical peers. The article also discusses the challenges of proving customary practices and the potential bias towards physicians in jury trials. It suggests that doctors may have systemic advantages in these cases and emphasizes the need for a more modern and flexible approach to medical malpractice law. Additionally, the article highlights the skepticism that juries often have towards patients who sue their doctors and concludes that juries are likely to give physicians the benefit of the doubt unless there is compelling evidence of negligence.
- Subjects
AMERICAN Law Institute; MEDICAL care standards; MEDICAL malpractice; TORT reform; MEDICAL quality control; INFORMED consent (Medical law)
- Publication
Southwestern Law Review, 2024, Vol 52, Issue 3, p465
- ISSN
1944-3706
- Publication type
Article