STANDARD OF CARE IN MALPRACTICE CLAIMS
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The Consensus Conference and the Standard of Care
The principal function of a consensus conference is to reflect a
standard of practice in the area of interest. This in turn will be
seen as representing an expression of what the legal profession calls
the standard of care. Strictly speaking, it is not the standard of
care as that designation applies in a
malpractice trial, for example, because that designation refers
specifically to the performance of a particular physician in a
specific set of circumstances, and is developed for the jury through
the interaction of expert witnesses and the lawyers for parties
involved. Thus, a number of factors enter into the development of the
standard of care in the manner in which that "standard" may most
powerfully impact the practicing physician, ie, the extent to
which such a standard helps or harms that physician’s case. These
include the scientific, medical, and other capabilities and personal
qualities of the expert witnesses, including reputation. Very
important as well is the makeup of the jury, the final arbiter in
many cases of whether or not the physician charged with
malpractice met or failed to meet the
perceived standard of care in the context of the facts of the case
presented. No doubt, the attitudes of the jury toward physicians and
the medical-care system may bear importantly in their deliberations
and decision. The appropriateness of this system as medical science
becomes increasingly complex, of course, remains a subject of active
debate.
Clinical Judgment and the Standard of Care
Another important factor to be considered with regard to the standard
of care in a malpractice trial
must be the role of the physician’s judgment in the context of the
facts of the case. The importance of physician judgment should be
emphasized in any statement that purports to contribute to the
standard of care in a particular area. It is not possible for any
consensus statement or clinical practice guideline (CPG) to
anticipate all practice settings any more than it is possible for
either consensus statements or CPGs to impart good judgment.
(Excerpted from Chest Journal)
MEDICAL MALPRACTICE
LINKS
Failure to diagnose cancer, doctor's defenses
Malpractice and standard of care
Failure to Detect Lung Cancer claims
What is cancer (chapter one from our upcoming book, A Complete Guide to Lung Cancer)
medical malpractice and standard of care.com (a journal discussing medical malpractice standards of care including failure to diagnose cancer)
New York medical malpractice claims
How to contact us:
Law Office of Howard Gutman
230 Route 206, Flanders, New Jersey 07836
10 Wall Street, New York, New York 10005
Telephone 973-257-9400, fax, 973-257-9128,
Howian@aol.com (initial consultations
free and e-mail welcomed, cases handled on
contingency, with legal fee charged only after settlement)
keywords: medical malpractice, claim, attorney, failure to diagnose cancer, negligence, malpractice, standard of care,