Profession

Study: Local liability standards hinder physicians

NEWS IN BRIEF — Posted Aug. 27, 2007

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State courts differ in their standard-of-care requirements in medical liability cases, placing additional legal risk on physicians, said a recent analysis in the June 20 Journal of the American Medical Association.

Courts in 21 states follow a local standard of care rather than a national standard, researchers found in their study, "The Locality Rule and the Physician's Dilemma." The locality rule initially protected rural doctors from being held to the same standard as their urban counterparts. But modern technology allows equal access to patient care information.

Instead of protecting doctors, the locality rule forces them to know national and community standards, even if the latter is substandard, the analysis states.

Additionally, the study said, the discrepancy can impede nationwide, evidence-based standards and contribute to substandard care.

Note: This item originally appeared at http://www.ama-assn.org/amednews/2007/08/27/prbf0827.htm.

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