Malpractice lawyer
#11
Those two statements I highlighted that you posted refreshed my recollection from my law school days in regards to the standard of review, and the local community practices which maybe acceptable in Ohio but not necessarily acceptable in Colorado, in New Jersey..[I]"standard of care is the generally accepted procedures and practices all medical providers in the geographic area would use when treating a patient with a particular disorder. This standard of care will vary depending on a number of factors, including the patient's overall health and age."[/I]
Doc, it took your post to remind me of the legval standard...you have planted a seed in me to maybe change or expand my legal practice, good post!
Doc, it took your post to remind me of the legval standard...you have planted a seed in me to maybe change or expand my legal practice, good post!
I have medical license in 4 states and not an attorney. I have been on all 3 sides of this Med-Mal problem for the past 25 years (defense expert/defendant/plaintiff expert).
In my experience the SOC, was always outline as"...Generally accepted of practices of medicine/procedures of similar practitioners, under similar circumstances.....
But based on more information ( from a PM), the primary issue maybe from a delay in getting reasonable tests authorized by the medical insurance in an acceptable time. I have seen this to be a terrible problem in the last few years, and unfortunately they often result in patients not getting care and then filing-- Insurance bad faith legal suits against the insurance company.




