The Locality Rule Lives! Why? Using Modern Medicine to Eradicate an 'Unhealthy' Law

90 Pages Posted: 13 Jul 2012 Last revised: 18 Sep 2012

See all articles by Marc Ginsberg

Marc Ginsberg

University of Illinois at Chicago - UIC School of Law

Date Written: July 11, 2012

Abstract

Despite predictions and proclamations of its demise, the locality rule – applying a geographical dimension to the professional medical standard of care – lives on in a minority of states. This paper proposes a recipe for the eradication of the locality rule through an examination of locality rule jurisprudence and modern medicine – undergraduate medical education, graduate medical education, state medical licensure, board certification, continuing medical education and practice guidelines.

Keywords: evidence, torts, medicine, law & medicine, standard of care, locality rule

Suggested Citation

Ginsberg, Marc, The Locality Rule Lives! Why? Using Modern Medicine to Eradicate an 'Unhealthy' Law (July 11, 2012). Drake Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2103948 or http://dx.doi.org/10.2139/ssrn.2103948

Marc Ginsberg (Contact Author)

University of Illinois at Chicago - UIC School of Law ( email )

IL

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