Establishing standards of care: Locality rules or national standards

by C. Jerry Willis, JD

A trial lawyer provides his perspective on the issue

A commentary in the Journal of the American Medical Association (June 20, 2007) discussed the merits of a national standard of care versus a locality standard of care. The authors advocated eliminating locality standards in favor of a national standard of care. They asserted that “[t]he purpose of medical malpractice law is to protect patients from substandard medical care and to compensate them for injuries sustained as a result of substandard care. Each medical malpractice case serves an additional function by further delineating the medical care that is legally acceptable in a particular field.”

This content is only available to members of the AAOS.

Please log in using the link at the top right corner of this page to access your exclusive AAOS member content.

Not a member? Become a member!