In terms of malpractice liability, physicians just need to make it onto the continuum, even if near the barely acceptable care end. ![]() Rather, it is a continuum, with barely acceptable care at one end, and the ultimate in care at the other end. Note that the standard of care is not optimal care. Given the prevalence of the internet for research and telehealth for consultation, the risk management advice is to aim to meet the national standard. Another option is for the state to adopt the same or similar community standard for generalists, but the national standard for specialists. Very few states have retained the locality standard, whether it is based on the same community, same or similar community, or same state. The vast majority of states follow the national standard, 1 such as this from Connecticut Code §52-184c: “…that level of care, skill and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.” State legislatures, administrative agencies, and courts define the legal degree of care required, so the exact legal standard varies by state. Basically, it refers to the degree of care a prudent and reasonable person would exercise under the circumstances. The standard of care is a legal term, not a medical term. Note: The information and recommendations in this article are applicable to physicians and other health care professionals so “clinician” is used to indicate all treatment team members. For legal advice, contact your personal attorney. The information in this column does not constitute legal advice. Other risk management consulting companies or insurance carriers might provide different advice, and readers should take this into consideration. The answers published in this column represent those of only one risk management consulting company. The answers are provided by PRMS (a manager of medical professional liability insurance programs with services that include risk management consultation and other resources offered to health care providers to help improve patient outcomes and reduce professional liability risk. ![]() ![]() This ongoing column is dedicated to providing information to our readers on managing legal risks associated with medical practice.
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