standard of care used in malpractise cases involving health care providers is based on average conduct where?

Question

state? , national community?, city?, local communtiy??

Answer 1

It depends on many different factors, including the location where the conduct took place. It could be any of the above. The determination is made on a case by case basis.

A doctor in rural Nebraska will usually not be held to the same standard as a doctor in Chicago or New York, but a doctor in New York may be held to the same standard as a doctor in Chicago. It also may depend on the treatment at issue. One example might be, if there are only three doctors that perform a certain type of surgery, one in New York, one in Chicago and one in rural Nebraska, they might all be held to the same standard. But if the issue involves a run of the mill family doctor issue, the conduct will be compared to the conduct of other providers in the local community, or surrounding area depending on the number of providers in the area, or to the standard of care of providers in a comparable size community elsewhere in the country, or world.

Also, standard of care is not based on "average care." It is based on a range of care, from the barely acceptable care to the most outstanding care available. If care falls within the range, it is within the standard of care.

Answer 2

the locality rule has been abolished - it is a nationwide standard of care

but you do take into account the facilities available to the provider. you don't expect the same level of care from a city clinic that you do from a teaching hospital

the standard of care is still the bare minimum that the provider should be held to. it is a low standard, it is hard to fall below it

Answer 3

i would say it depends on the level of the case. all physicians take the hypocratic oath and should be held to that standard. depending on the case also, practice size, type of illness in question, hospitalist, etc, would also be a factor and these stats should be taken from similar areas ie, economical status, population, age, etc.
this link is also helpful and is a good resource for provider stats. if its not listed, ask and they will direct you to the source needed.
http://www.cms.hhs.gov/
hope it helps

Answer 4

local community or similiar communities.
It would be unfair to expect some podunk town to have the latest technology that say, the Mayo Clinic has.