The Locality Rule Lives! Why? Using Modern Medicine to Eradicate an 'Unhealthy' Law
90 Pages Posted: 13 Jul 2012 Last revised: 18 Sep 2012
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
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